BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1429|
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                                 THIRD READING


          Bill No:  SB 1429
          Author:   Evans (D)
          Amended:  4/9/12
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  11-0, 5/8/12
          AYES:  Wright, Anderson, Cannella, Corbett, De Le�n, Evans, 
            Hernandez, Padilla, Walters, Wyland, Yee
          NO VOTE RECORDED:  Berryhill, Calderon


           SUBJECT  :    Alcoholic beverages:  instruction: tastings

           SOURCE  :     Author


           DIGEST  :    This bill 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.

           ANALYSIS  :    Existing law establishes the 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 
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          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 one-fourth 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 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.

          This bill makes revisions to the law requiring the removal 
          of unfinished alcohol beverages by a winegrower or 
          distilled spirits manufacturer to state that  upon 
          concluding  the instruction, to consumers at an on-sale 
          retail business premises, winegrowers or distilled spirits 
          manufacturer, or its authorize agent shall remove any 
          unfinished beverage that he/she provides  during  , instead of 
          following the instruction.

           Background

           According to the author's office, this bill 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 bill add clarity to this existing provision of law.

           NOTE:  See Senate Governmental Organization Committee's 
                 analysis for prior/related legislation.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No


          DLW:do  5/9/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED








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