BILL NUMBER: AB 623	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 16, 2011

   An act to add Section 23393.5 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 623, as introduced, Williams. Alcoholic beverage licensees:
limited off-sale retail wine license.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law provides for
various annual fees for the issuance of alcoholic beverage licenses
depending upon the type of license issued. The Alcoholic Beverage
Control Act provides that a violation of its provisions is a
misdemeanor, unless otherwise specified.
   This bill would authorize the department to issue a limited
off-sale retail wine license that would allow the licenseholder to
sell wine if certain conditions are met. The bill would impose an
original fee and an annual renewal fee for the license, which would
be deposited in the Alcohol Beverage Control Fund. Because the
violation of a provision of the license is punishable as a
misdemeanor, the bill expands the definition of an existing crime,
thereby creating a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 23393.5 is added to the Business and
Professions Code, to read:
   23393.5.  (a) The department may issue a limited off-sale retail
wine license which authorizes the sale of wine by the licensee if all
of the following conditions are met:
   (1) Sales are restricted to those solicited and accepted via
direct mail, telephone, or the Internet.
   (2) Sales are not conducted from a retail premises open to the
public.
   (3) The licensee takes possession of and title to all alcoholic
beverages sold by the licensee.
   (4) All alcoholic beverages sold by the licensee are delivered to
the purchaser from the licensee's licensed premises or from a
licensed warehouse.
   (b) The licensee shall comply with Section 23985, but is exempted
from Sections 23985.5 and 23986.
   (c) The department may impose reasonable conditions upon the
licensee as may be needed in the interest of public health, safety,
and welfare.
   (d) The application for the license shall be accompanied by an
original fee in an amount equivalent to that of an original off-sale
beer and wine license pursuant to Section 23954.5. The annual fee for
the license shall be an amount equivalent to that of a retail
package off-sale beer and wine license pursuant to Section 23320. All
moneys collected from the fees shall be deposited in the Alcoholic
Beverage Control Fund, pursuant to Section 25761.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.