BILL NUMBER: AB 2349	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 9, 2012
	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN SENATE  JUNE 12, 2012

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 24, 2012

   An act to amend and renumber Section 25500.2 of, and to repeal
Section 25500.1 of, the Business and Professions Code, relating to
alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2349, as amended, Nestande. Alcoholic beverages: tied-house
restrictions: advertising.
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. For purposes of these
provisions, the listing of the names, addresses, telephone numbers
 ,  or  email   e-mail  addresses,
or both, or Internet Web site addresses, of 2 or more unaffiliated
on-sale retailers selling beer, wine, or distilled spirits and
operating and licensed as bona fide public eating places selling the
beer, wine, or distilled spirits produced, distributed, or imported
by a nonretail industry member in response to a direct inquiry from a
consumer, as specified, does not constitute a thing of value or
prohibited inducement to the listed on-sale retailer, if specified
conditions are met.
   This would provide that the listing of names, addresses, telephone
numbers, or  email   e-mail  addresses in
other forms of electronic media do not constitute a thing of value
and would revise the direct inquiry provisions to remove the
requirement that the unaffiliated on-sale retailer operate and be
licensed as a bona fide public eating place.
   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 25500.1 of the Business and Professions Code is
repealed.
  SEC. 2.  Section 25500.2 of the Business and Professions Code is
amended and renumbered to read:
   25500.1.  (a)    Notwithstanding Section
25500, the   The  listing of the names, addresses,
telephone numbers,  email   e-mail 
addresses, or Internet Web site addresses, or other electronic media,
of two or more unaffiliated on-sale retailers selling beer, wine, or
distilled spirits produced, distributed, or imported by a nonretail
industry member in response to a direct inquiry from a consumer
received by telephone, by mail, by electronic inquiry, or in person
does not constitute a thing of value or prohibited inducement to the
listed on-sale retailer, provided all of the following conditions are
met:
   (1) The listing does not also contain the retail price of the
product.
   (2) The listing is the only reference to the on-sale retailers in
the direct communication.
   (3) The listing does not refer only to one on-sale retailer or
only to on-sale retail establishments controlled directly or
indirectly by the same on-sale retailer.
   (4) The listing is made by, or produced by, or paid for,
exclusively by the nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, or distiller of alcoholic beverages or an
agent of that entity, or a wholesaler, regardless of any other
licenses held directly or indirectly by that person.