BILL ANALYSIS �
SB 339
Page 1
Date of Hearing: June 22, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 339 (Wolk) - As Amended: May 23, 2011
SENATE VOTE : 40-0
SUBJECT : Alcoholic beverage control: on-sale beer and wine
licenses: bona fide public eating place: public schoolhouses.
SUMMARY : Adds a new provision to the Alcoholic Beverage
Control Act (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. In addition, this bill
authorizes the sale and consumption of alcoholic beverages at a
city-owned community center, as specified. Specifically, this
bill :
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.
3) Permits alcoholic beverages to be possessed, sold, or used
during an event held at a community center owned by a city
located on public school grounds, if the event is held when
students are not present at the facility, as specified.
EXISTING LAW :
1) 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.
2) 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
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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.
3) 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.
4) 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.
5) 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.
6) Generally prohibits the sale or consumption of alcoholic
beverages at a public schoolhouse or any grounds thereof.
Existing law provides that this prohibition does not apply if
the alcoholic beverage is possessed, consumed, or used during an
event at a community center owned by a community services
district, as provided.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : The ABC Act contains provisions for
various types of licenses that permit licensees to furnish
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alcoholic beverages under certain circumstances. 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.
The Family Winemakers of California emphasizes that SB 339 is a
narrow expansion of Tied-house exceptions. Greater wine
knowledge may expand sales for winemakers when on-sale beer and
wine licenses are granted to qualified cooking schools
throughout the state.
In addition, this bill would expand an existing statute which
allows community centers located on public school grounds to
hold events during which alcoholic beverages are sold and
consumed, to include city-owned community centers, provided that
the events are not held at a time when students are attending a
school-sponsored activity at the center.
Prior legislation : AB 1643 (Smyth), Chapter 79, Statutes of
2010. Removes the prohibition against serving alcohol at a
public kindergarten K-12 school housed on the campus of a
college, as long as the event is held at a time when children
are not present. In addition, the only allowable events at
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which alcohol can be served in this instance are fundraisers
held to benefit a nonprofit corporation.
AB 172 (Smyth), Chapter 398, Statutes of 2009. Allowed public
colleges to serve alcoholic beverages during fundraisers in
college facilities that are used to support school K-12
students, if the event is held at a time when students are not
present at the facility.
AB 1598 (Price), Chapter 149, Statutes of 2007. Created a new
exception to the existing prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
school to enable culinary arts programs at a campus of a
California Community College to buy, use, sell or consume wine
or beer only in connection with a sponsored dinner, course of
instruction, or meal demonstration.
SB 1486 (Hollingsworth), Chapter 72, Statutes of 2006.
Authorized alcoholic beverages to be served and consumed on the
grounds of the "Water Conservation Garden" located on the campus
of Cuyamaca College in Rancho San Diego.
SB 127 (Chesbro), Chapter 171, Statutes of 2005. Makes changes
to an existing license category in the Alcoholic
Beverage Control Act for the American Center for Wine, Food and
the Arts located in Napa County and operated by a nonprofit
commonly referred to as COPIA.
SB 220 (Chesbro), Chapter 203, Statutes of 2005. Exempt from
the prohibition wine produced by a bonded winery owned or
operated as part of an instructional program in viticulture and
enology.
REGISTERED SUPPORT / OPPOSITION :
Support
California Retailers Association
City of West Sacramento
Davis Food Co-operative, Inc.
Family Winemakers of California
Opposition
None on file
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Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531