BILL NUMBER: AB 1052 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Garrick
FEBRUARY 18, 2011
An act to amend Section 23356 of the Business and
Professions Code, relating to alcoholic beverages. An
act relating to state property, and making an appropriation therefor
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1052, as amended, Garrick. Alcoholic beverages:
licenses. State property: surplus.
(1) Existing law authorizes the Director of General Services to
dispose of state surplus property, subject to specified conditions,
including authorization by the Legislature.
This bill would authorize the director to dispose of a specified
parcel of state property.
(2) The California Constitution provides that the proceeds from
the sale of surplus state property be used to pay the principal and
interest on bonds issued pursuant to the Economic Recovery Bond Act
until the principal and interest on those bonds are fully paid, after
which these proceeds are required to be deposited into the Special
Fund for Economic Uncertainties. Existing statutory law similarly
requires that the net proceeds received from any real property
disposition be paid into the Deficit Recovery Bond Retirement Sinking
Fund Subaccount, a continuously appropriated fund, until the bonds
issued pursuant to the act are retired.
By increasing the amount transferred into a continuously
appropriated fund, this bill would make an appropriation.
The Alcoholic Beverage Control Act authorizes the holder of a
manufacturer's or a winegrower's license to, among other things,
become a manufacturer or producer of the alcoholic beverage specified
in the license.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Director of General Services may
dispose of all or any portion of the following parcel of real
property pursuant to Section 11011.1 of the Government Code:
(a) Parcel 1, consisting of an approximately 6-acre portion of the
18-acre parcel, known as the South Carlsbad State Beach, located
near El Arbor Drive and Manzano Drive, in Carlsbad, San Diego County.
SECTION 1. Section 23356 of the Business and
Professions Code is amended to read:
23356. Any manufacturer's or winegrower's license authorizes the
person to whom it is issued to become a manufacturer or producer of
the alcoholic beverage specified in the license, and to do any of the
following:
(a) Whether the alcoholic beverage is manufactured or produced by
him or her or any other person, to package, rectify, mix, flavor,
color, label, and export the alcoholic beverage specified in the
license.
(b) To sell only those alcoholic beverages that are packaged by or
for him or her only to persons holding wholesaler's, manufacturer's,
winegrower's, manufacturer's agent's, or rectifier's licenses
authorizing the sale of those alcoholic beverages and to persons who
take delivery of those alcoholic beverages within this state for
delivery or use without the state.
(c) To deal in warehouse receipts for the alcoholic beverage
specified in the license.