BILL ANALYSIS �
Bill No: SB
339
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
SB 339 Author: Wolk
As Amended: March 31, 2011
Hearing Date: April 12, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages: on-sale beer and wine licenses: bona
fide public eating place
DESCRIPTION
SB 339 adds a new provision to the Alcoholic Beverage
Control (ABC) Act relating to the establishment of cooking
schools as "bona fide eating places" for the purpose of
obtaining a license to sell beer and wine. Specifically,
this measure:
1. Expands the definition of "bona fide eating place,"
within the ABC Act, for purposes of the on-sale beer
and wine eating place license, to include a cooking
school that regularly and in a bona fide manner
provides courses of instruction in the preparation of
food and that maintains suitable kitchen facilities
for persons attending the courses of instruction.
2. Makes other minor conforming changes to a related
provision of the ABC Act containing compliance
requirements imposed upon bona fide eating places.
EXISTING LAW
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.
SB 339 (Wolk) continued
Page 2
Existing law authorizes the issuance of an on-sale beer and
wine eating place license (Type 41), which authorizes the
sale of beer and wine for consumption on or off the
premises where sold. Distilled spirits may not be on the
premises (except brandy, rum, or liqueurs for use solely
for cooking purposes). The law also provides that the
licensee must maintain the licensed premises as a "bona
fide public eating place." Minors are allowed on the
premises.
Section 23038 of the Business and Professions Code defines
"bona fide public eating place" as a place which is
regularly and in a bona fide manner used and kept open for
the serving of meals to guests for compensation and which
has suitable kitchen facilities connected therewith,
containing conveniences for cooking an assortment of foods
which may be required for ordinary meals, the kitchen of
which must be kept in a sanitary condition with the proper
amount of refrigeration for keeping of food on said
premises and must comply with all the regulations of the
local department of health.
Section 23038 defines "meals" to mean the usual assortment
of foods commonly ordered at various hours of the day; the
service of such food and victuals only as sandwiches or
salads shall not be deemed a compliance with this
requirement. In addition, "guests" is defined to mean
persons who, during the hours when meals are regularly
served therein, come to a bona-fide public eating place for
the purpose of obtaining, and actually order and obtain at
such time, in good faith, a meal therein.
Existing law also authorizes the issuance of an on-sale
general eating place license (Type 47), which authorizes
the sale of beer, wine and distilled spirits for
consumption on the licensed premises. The law provides
that the licensee must maintain the licensed premises as a
"bona fide public eating place" and minors are allowed on
the premises.
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
SB 339 (Wolk) continued
Page 3
containers.
BACKGROUND
Purpose of SB 339: As noted above, an eating establishment
must be considered a "bona fide eating place" to obtain a
license to sell beer and wine for consumption on or off the
premises where sold. Currently, a cooking school which
operates for the purpose of teaching its students to
prepare meals, and which often times provides students the
opportunity to consume the meals prepared in classes on
site, does not meet the requirements for a "bona fide
public eating place" and thus is unable to obtain a license
from the ABC to include appropriate wine pairings with
cooking classes.
According to the author's office, allowing cooking schools
to serve wine with prepared meals enables the schools to
present complete meal options to students, thus enriching
the learning experience. Individuals must be 21 years of
age or older to consume the alcoholic beverages.
This measure is sponsored by the Davis Food Co-operative,
Inc. (DFC) which is a community-owned grocery store that
serves its member-owners and the larger Davis and Yolo
County Community. In 2009, the DFC remodeled an adjacent
building and now offers classes each year to hundreds of
local residents in their teaching kitchen. The DFC notes
that this measure will enable its teaching kitchen, and
other cooking schools, to offer courses that include
appropriate wine pairings.
SUPPORT: Davis Food Co-operative, Inc.; Family Winemakers
of California
OPPOSE: None on file as of April 8, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee