BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 806
Author: Wiggins (D), et al
Amended: 6/22/10
Vote: 21
SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR : 77-0, 8/23/10 - See last page for vote
SUBJECT : Alcoholic beverages: wine returns:
winegrowers and bottlers: records
SOURCE : Author
DIGEST : This bill 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.
Assembly Amendments delete the Senate version relating to a
different issue within the Alcoholic Beverage Control Act,
and insert the current provisions.
ANALYSIS :
Existing law:
1.Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it exclusive authority to administer the
provisions of the ABC Act in accordance with laws enacted
CONTINUED
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by the Legislature. This involves licensing individuals
and 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.
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.
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2.Makes technical, non-substantive changes to a section of
the ABC Act provides for specified recordkeeping
requirements for winegrowers and bottlers of wine within
specified counties. This bill makes technical,
nonsubstantive amendments to this requirement.
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 clarify the law and
simplify the process for consumers wishing to return wine.
In addition, this bill contains language which is technical
and nonsubstantive pertaining to specified recordkeeping
requirements for specified counties.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Gaines, Galgiani, Garrick, Gatto,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, Norby, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, John A. Perez
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NO VOTE RECORDED: Furutani, Vacancy, Vacancy
TSM:kc 8/24/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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