BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 32|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 32
Author: Leno (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 12-0, 3/22/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Padilla, Strickland, Wyland, Yee
NO VOTE RECORDED: Hernandez
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholic beverages: definitions: rectifiers
SOURCE : Author
DIGEST : This bill adds clarity to the definition of
rectifier within the Alcoholic Beverage Control Act by
expressly excluding from the definition any on-sale
licensee that colors, flavors, or blends distilled spirits
or wine products on the licensed premises for consumption
on those premises.
ANALYSIS : Existing law 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.
Existing law defines "rectifier" to mean every person who
colors, flavors, or otherwise processes distilled spirits
CONTINUED
SB 32
Page
2
by distillation, blending, percolating, or other processes.
Existing law defines "distilled spirits" to mean an
alcoholic beverage obtained by the distillation of
fermented agricultural products, and includes alcohol for
beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof.
Existing law, relating to a "distilled spirits rectifier's
general license," authorizes the licensee to cut, blend,
rectify, mix, flavor, and color distilled spirits, and
whether so cut, blended, mixed, flavored, or colored by him
or any other person to package, label, export, and sell the
distilled spirits to distilled spirits manufacturers,
distilled spirits manufacturer's agents, distilled spirits
wholesalers, distilled spirits general importers,
rectifiers, and distilled spirits general rectifiers.
Existing law defines an "on-sale" license as authorizing
the sale of all types of alcoholic beverages: namely,
beer, wine and distilled spirits, for consumption on the
premises (such as at a restaurant or bar). An "off-sale"
license authorizes the sale of all types of alcoholic
beverages for consumption off the premises in original,
sealed containers.
Prior/Related Legislation
SB 39 (Padilla), 2011-12 Session, prohibits the import,
production, manufacture, distribution, or sale of
"caffeinated" beer beverages, as defined, at retail
locations within the state. (Pending in the Senate
Appropriations Committee)
SB 1022 (Strickland), Chapter 281, Statutes of 2010,
expanded an existing tied-house exception within the ABC
Act to enable licensed distilled spirits "rectifiers" to
donate or sell their products to specified nonprofit
entities for the purpose of assisting in fund-raising
efforts.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
CONTINUED
SB 32
Page
3
SUPPORT : (Verified 4/8/11)
California Music and Culture Association
California Restaurant Association
Family Winemakers of California
Golden Gate Restaurant Association
Small Business California
ARGUMENTS IN SUPPORT : Proponents argue that the act or
art of mixing drinks from distilled spirits or wine for
consumption on licensed premises should not be considered a
production process requiring a separate license.
Proponents believe that this bill is a straightforward
solution that relieves a potential enforcement situation
for tens of thousands of license holders throughout the
state.
PQ:mw 4/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED