BILL ANALYSIS
SB 1101
Page 1
Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
SB 1101 (Wiggins) - As Amended: March 23, 2010
SENATE VOTE : 33-0
SUBJECT : Alcoholic beverage control: instructional events:
wine
SUMMARY : Clarifies that winemakers who participate in
instructional events or meet the winemaker dinners, held at a
retailers licensed premises for consumers, may offer minimal
samples of wine from bottles. Specifically, this bill :
1)Modifies an existing provision of the ABC Act which allows
winemakers participating in instructional events for consumers
at a retailer's premises to offer samples of wine from barrels
or tanks to also allow for wine samples (no more than three
one-ounce tasting per consumer) at the event from "bottles" of
wine provided by the winemaker.
2)Provides that minimal amounts of the samples or tastes
provided at the instructional event do not constitute a thing
of value.
3)Stipulates that any unused wine provided by the winemaker for
the instructional event must be removed from the retailer's
premises by the winemaker.
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 by the
Legislature.
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)Permits an on-sale retail licensee of wine or distilled
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spirits to conduct "instructional" consumer tastings on the
licensed retail premise provided the following conditions are
met: (1) no more than ounce of distilled spirits is offered
in one tasting; (2) no more than one ounce of wine is offered
in one tasting; and, (3) no more than three tastings are
offered to an individual in one day. An instruction may
include the history, nature, values and characteristics of the
product being offered, and the methods of presenting and
serving the product.
4)Authorizes beer manufacturers and wholesalers to offer beer
samples (not to exceed 8 ounces per person, per day) to
individuals of legal drinking age at on-sale retail licensed
premises under specified conditions.
5)Permits a licensed winegrower, manufacturer, importer, or
wholesaler to provide samples of the alcoholic beverages which
are authorized to be sold by the licensee in accordance with
rules prescribed by the ABC. A retail licensee, however, is
not authorized to provide any free samples of alcoholic
beverages. Moreover, ABC regulations provide that samples of
alcoholic beverages may only be given away to licensees or
employees of licensees who are in a position to purchase the
product or who are in need of additional information about the
product, as specified.
FISCAL EFFECT : Unknown.
COMMENTS :
Winemakers are currently allowed to conduct and participate in,
and serve wine at, instructional events and "meet the winemaker
dinners" held at a retailer's premises featuring wines produced
by or for the winegrower or, imported by the wine importer,
provided the wine samples are taken from "barrels" or from
"tanks." This bill simply clarifies that winemakers
participating in such events may also offer samples of wine
(three one-ounce tastes) from bottles.
Prior Legislation : AB 611 (Cortese) Chapter 394, Statutes of
1993, provided that an adult resident of California may apply
for a permit to receive, under specified conditions, a shipment
of wine (not more than nine liters in any calendar month) from
another state that allows adult residents of that state to
receive shipments of wine from California. Also, deleted the
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requirement that wine taken from barrels or tanks, and sampled
at winemaker dinners, be the same wine used to blend the bottled
wine featured at the dinners.
AB 2868 (Floyd) Chapter 471, Statutes of 1992, authorized a
winegrower, California winegrower's agent, importer, or their
specified representatives, to participate as described, in an
instructional event for consumers held at a retailer's premises
featuring wines produced by or for the winegrower or
imported by the importer, under specified conditions.
REGISTERED SUPPORT / OPPOSITION :
Support
Family Winemakers of California
Wine Institute
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531