BILL ANALYSIS
SB 806
Page 1
SENATE THIRD READING
SB 806 (Wiggins)
As Amended June 22, 2010
Majority vote
GOVERNMENTAL ORGANIZATION 18-0 APPROPRIATIONS 17-0
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|Ayes:|Coto, Anderson, |Ayes:|Fuentes, Conway, |
| |Blakeslee, Chesbro | |Bradford, |
| |Cook, Evans, Galgiani, | |Charles Calderon, Coto, |
| |Hall, Hill, Jeffries, Ma, | |Davis, |
| |Mendoza, Nestande, | |De Leon, Gatto, Hall, |
| |Portantino, Silva, | |Harkey, Miller, Nielsen, |
| |Torres, Torrico, Tran | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Allows 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. Specifically, this bill :
1)Provides that a person who has purchased wine from holder of a
beer and wine wholesaler's license or an off-sale retail
license that only sells wine, and has taken delivery of that
wine within this state for delivery or use, and has removed
that wine from the state, may return all or any portion of
that wine to the holder of a beer and wine wholesaler's
license or an off-sale retail license that only sells wine in
this state from whom the wine was purchased, as specified.
2)The Alcoholic Beverage Control Act (Act) provides for
specified recordkeeping requirements for winegrowers and
bottlers of wine within specified counties. This bill would
make technical, non-substantive amendments to this
requirement.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the
provisions of the Act in accordance with laws enacted by the
Legislature. This involves licensing individuals and
SB 806
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businesses associated with the manufacture, importation and
sale of alcoholic beverages in this state and the collection
of license fees or occupation taxes for this purpose.
2)Existing law, known as the "tied-house" law, separates the
alcoholic beverage industry into three component parts, or
tiers, of manufacturer (including breweries, wineries and
distilleries), wholesaler, and retailer (both on-sale and
off-sale).
3)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.
4)Restricts the importation of alcoholic beverages for use
within California unless consigned to a licensed importer (or
as otherwise provided) and transported by common carrier.
5)Authorizes an on-sale beer and wine public premises licensee
and a licensed winegrower who exercises his or her license
privileges at specified locations to allow a person who has
purchased and partially consumed a bottle of wine to remove
the partially consumed bottle from the premises upon
departure.
6)Provides for specified recordkeeping requirements for
winegrowers and bottlers of wine within specified counties.
FISCAL EFFECT : According to Assembly Appropriations Committee
analysis, there are no significant costs associated with this
legislation.
COMMENTS : According to the author, this is a consumer bill
which will allow consumers to return wine to any winemaker
without regard to the winemaker's license. Existing law only
allows consumers to return wine to winegrowers with an ABC Type
02 (Winegrower) license. Over the past several years hundreds
of virtual wineries holding a combined Type 17 and Type 20
license sell wine to customers for use out of state. The author
states, a license category should have no bearing on consumer's
ability to return wine. Updating the law to clarify that
consumers can return wine to holders of Type 17 (Beer & Wine
Wholesaler) and Type 20 (Off-Sale Beer & Wine) licenses will
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clarify the law and simplify the process for consumers wishing
to return wine.
In addition, this bill contains language which is technical and
non-substantive pertaining to specified recordkeeping
requirements for winegrowers and bottlers of wine within
specified counties.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0005619