BILL ANALYSIS �
Bill No: SB
1429
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
SB 1429 Author: Evans
As Amended: April 9, 2012
Hearing Date: May 8, 2012
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
SB 1429 makes a couple of technical and clarifying changes
to an existing provision of the Alcoholic Beverage Control
(ABC) Act relative to requiring winegrowers and distilled
spirits manufacturers to dispose of leftover product
provided at instructional tastings events.
EXISTING LAW
Existing law establishes the Department of ABC and grants
it exclusive authority to administer the provisions of the
ABC Act in accordance with laws enacted by the Legislature.
This involves licensing individuals and businesses
associated with the manufacture, importation and sale of
alcoholic beverages in this state and the collection of
license fees for this purpose.
The ABC Act permits a winegrower or distilled spirits
manufacturer, or its authorized agent, to conduct
"instructional" consumer tastings at an on-sale retail
licensed premise provided the following conditions are met:
(1) no more than ounce of distilled spirits is offered in
one tasting; (2) no more than one ounce of wine is offered
in one tasting; and, (3) no more than three tastings are
offered to an individual in one day. An instruction may
include the history, nature, values and characteristics of
SB 1429 (Evans) continued
Page 2
the product being offered, and the methods of presenting
and serving the product. The law also requires the
winegrower or distilled spirits manufacturer to remove any
unfinished alcoholic beverage product that he/she provided
following the instruction.
BACKGROUND
Purpose of SB 1429: According to the author's office, this
measure was generated from constituent feedback to the
Senate Select Committee on California's Wine Industry. The
author's office notes that, current law intends for wine
instructors to remove "leftover wine" after the
tasting/instruction concludes. They point out that the
grammatical changes incorporated in this measure will add
clarity to this existing provision of law.
PRIOR/RELATED LEGISLATION
AB 605 (Portantino), Chapter 230, Statutes of 2007. Added
a new provisions to the ABC Act that authorized the
department to issue to the holder of any off-sale retail
license an instructional tasting license that would permit
the license holder to allow an authorized licensee, as
defined, or designated representative of that licensee, to
conduct, on a designated portion of, or contiguous to, an
existing licensed premises, an instructional tasting event
at which tastes of alcoholic beverages may be served to
consumers, as provided.
AB 2293 (De Leon) Chapter 638, Statutes of 2008. Added a
new provision to the ABC Act that permits distilled spirits
manufacturers and winegrowers to provide their product
offerings directly to consumers (free of charge) during
invitation-only events on premises for which a caterer's
permit authorization has been issued.
SB 1548 (Murray) Chapter 670, Statutes of 2006. Authorized
beer manufacturers and wholesalers to offer beer samples
(not to exceed 8 ounces per person, per day) to individuals
of legal drinking age at on-sale retail licensed premises
under specified conditions.
AB 2285 (V. Brown) Chapter 248, Statutes of 1998. Allowed
on-sale retail licensees to offer limited tastings of wine
or distilled spirits at the licensed establishment.
SB 1429 (Evans) continued
Page 3
SB 993 (Burton) Chapter 544, Statutes of 1997. Among other
things, authorized a licensed distilled spirits
manufacturer to conduct tastings of distilled spirits on
the licensed premises under specified conditions.
SUPPORT: None on file as of May 4, 2012.
OPPOSE: None on file as of May 4, 2012.
FISCAL COMMITTEE: No
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