BILL ANALYSIS �
SB 1429
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Date of Hearing: June 20, 2012
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 1429 (Evans) - As Amended: April 9, 2012
SENATE VOTE : 39-0
SUBJECT : Alcoholic beverages: instruction: tastings
SUMMARY : Makes technical and clarifying changes to an
existing provision of the Alcoholic Beverage Control Act (Act)
relative to requiring winegrowers and distilled spirits
manufacturers to dispose of leftover product provided at
instructional tastings events.
EXISTING LAW :
1) Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it exclusive authority to administer the
provisions of the 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.
2) 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 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.
3) Requires the winegrower or distilled spirits manufacturer to
remove any unfinished alcoholic beverage product that he/she
provided following the instruction.
FISCAL EFFECT : Unknown.
COMMENTS :
SB 1429
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Purpose of the bill : 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 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 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.
REGISTERED SUPPORT / OPPOSITION :
Support
None
SB 1429
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Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531