BILL ANALYSIS �
SB 339
Page 1
SENATE THIRD READING
SB 339 (Wolk)
As Amended May 23, 2011
Majority vote
SENATE VOTE :40-0
GOVERNMENTAL ORGANIZATION 17-0APPROPRIATIONS 16-0
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|Ayes:|Hall, Nestande, Atkins, |Ayes:|Fuentes, Harkey, |
| |Block, Blumenfield, | |Blumenfield, Bradford, |
| |Chesbro, Cook, Galgiani, | |Charles Calderon, Campos, |
| |Garrick, Gatto, Hill, | |Donnelly, Gatto, Hall, |
| |Jeffries, Ma, Perea, V. | |Hill, Lara, Mitchell, |
| |Manuel P�rez, Silva, | |Nielsen, Norby, Solorio, |
| |Torres | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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.
SB 339
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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
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)Prohibits, generally, the sale or consumption of alcoholic
SB 339
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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 : According to the Assembly Appropriations
Committee, any costs associated with this legislation would be
minor and absorbable within ABC's existing resources.
COMMENTS :
Purpose of the bill : The ABC Act contains provisions for
various types of licenses that permit licensees to furnish
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, 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 this bill is
a narrow expansion of Tied-house exceptions. Greater wine
knowledge may expand sales for winemakers when on-sale beer and
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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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001854