BILL NUMBER: SB 1336	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wiggins

                        FEBRUARY 19, 2010

   An act to amend Section 23399.4 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1336, as introduced, Wiggins. Alcoholic beverage control:
winegrowers: certified farmers' market sales permits.
   Existing law permits the Department of Alcoholic Beverage Control
to issue special temporary licenses and permits to various entities
for limited purposes. Existing law permits the department to issue a
certified farmers' market sales permit to allow a licensee under a
winegrower's license to sell wine produced and bottled by the
winegrower at certified farmers' market locations, under specified
conditions, including a limitation on the amount of wine that can be
sold pursuant to the permit.
   This bill would remove the limitation on the amount of wine that
can be sold pursuant to the certified farmers' market sales permit.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23399.4 of the Business and Professions Code is
amended to read:
   23399.4.  (a) A licensee under a winegrower's license may apply to
the department for a certified farmers' market sales permit. A
certified farmers' market sales permit shall authorize the licensee,
a member of the licensee's family, or an employee of the licensee to
sell wine produced and bottled by the winegrower entirely from grapes
grown by the winegrower at a certified farmers' market at any place
in the state approved by the department. The permit may be issued for
up to 12 months but shall not be valid for more than one day a week
at any single specified certified farmers' market location. A
winegrower may hold more than one certified farmers' market sales
permit. The department shall notify the city, county, or city and
county and applicable law enforcement agency where the certified
farmers' market is to be held of the issuance of the permit. A
"certified farmers' market" means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of
the Food and Agricultural Code, and the regulations adopted pursuant
thereto. 
   (b) The licensed winegrower eligible for the certified farmers'
market sales permit shall not sell more than 5,000 gallons of wine
annually pursuant to all certified farmers' market sales permits held
by any single winegrower. The licensed winegrower shall report total
certified farmers' market wine sales to the department on an annual
basis. The report may be included within the annual report of
production submitted to the department, or pursuant to any regulation
as may be prescribed by the department.  
   (c) 
    (b)  The fee for any permit issued pursuant to this
section shall be forty-four dollars ($44) for permits issued during
the 2002 calendar year, forty-seven dollars ($47) for permits issued
during the 2003 calendar year, fifty dollars ($50) for permits issued
during the 2004 calendar year, and for permits issued during the
years thereafter, the annual fee shall be calculated pursuant to
subdivisions (b) and (c) of Section 23320. 
   (d) 
    (c)  All money collected as fees pursuant to this
section shall be deposited in the Alcohol Beverage Control Fund as
provided in Section 25761.