BILL NUMBER: SB 806 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2010
AMENDED IN ASSEMBLY MAY 25, 2010
AMENDED IN SENATE JANUARY 4, 2010
AMENDED IN SENATE APRIL 29, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Wiggins
(Coauthor: Senator Padilla)
FEBRUARY 27, 2009
An act to amend Section Sections 23661.7
and 25238 of the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 806, as amended, Wiggins. Alcoholic beverages: wine
returns: winegrowers and bottlers: records.
The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also provides for specified recordkeeping
requirements for winegrowers and bottlers of wine within specified
counties allows a person who has purchased wine from a
licensed winegrower and has taken the wine from the state, to return
that wine to the licensed premises of the winegrower from whom the
wine was purchased .
This bill would also allow for the return of wine taken out of
state where the wine was purchased from a holder of a beer and wine
wholesaler's license and an off-sale retail license that only sells
wine.
The Alcoholic Beverage Control Act also provides for specified
recordkeeping requirements for winegrowers and bottlers of wine
within specified counties.
This bill would make technical, nonsubstantive amendments to this
requirement.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23661.7 of the
Business and Professions Code is amended to read:
23661.7. (a) A person who has purchased
wine from a licensed winegrower or a holder of a beer and wine
wholesaler's license and an off-sale retail license that only sells
wine , has taken delivery of such that
wine within this state for delivery or use without the state,
and has removed such that wine from the
state, may return all or any portion of such
that wine to the licensed premises of the winegrower or
holder of a beer and wine wholesaler's license and an off-sale retail
license that only sells wine in this state from whom the wine
was purchased. To make such a return
the purchaser need not obtain any license in this state, and may
return the wine in a vehicle owned or controlled by such
the purchaser.
The
(b) The provisions of Section
32175 of the Revenue and Taxation code shall apply to any wine so
returned.
SECTION 1. SEC. 2. Section 25238 of
the Business and Professions Code is amended to read:
25238. Every winegrower or bottler of wine of any kind within the
counties specified in Section 25236 shall keep a record of all wine
not produced by him or her and obtained and used by him or her for
any purpose. The record shall show the date the wine is obtained, the
amount thereof, the source from which obtained, the kind or type of
wine, and, in detail, the purpose or purposes for which it is used.
Each winegrower or bottler of wine shall keep a complete record
showing the total amount of wine produced by him or her, or bottled
by him or her, made entirely from grapes grown within the counties
mentioned in Section 25236.