AB 1928, as introduced, Bocanegra. Alcoholic beverages: coupons: beer.
(1) The Alcoholic Beverage Control Act prohibits any licensee from giving any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as specifically authorized. The act provides that a violation of any of its provisions for which another penalty or punishment is not specifically provided is a misdemeanor.
This bill would prohibit a licensee authorized to sell alcoholic beverages at retail from accepting, redeeming, possessing, or utilizing any type of coupon that is funded, produced, sponsored, promoted, or furnished by a beer manufacturer or beer and wine wholesaler. The bill would provide a definition of coupon for these purposes. By expanding the definition of a crime by imposing additional duties on a licensee under the act, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 25600.3 is added to the Business and
2Professions Code, to read:
(a) A licensee authorized to sell alcoholic beverages
4at retail shall not accept, redeem, possess, or utilize any type of
5coupon that is funded, produced, sponsored, promoted, or furnished
6by a beer manufacturer or beer and wine wholesaler.
7(b) For purposes of this section:
8(1) “Coupon” means any method by which a consumer receives
9an instant discount at the time of a purchase that is funded,
10produced, sponsored, promoted, or furnished, either directly or
11indirectly, by a beer manufacturer or beer and wine wholesaler,
12including, but not limited to, a paper coupon, a digital coupon, an
13instant redeemable coupon (IRC), or an electronic coupon
14commonly referred to as a scan or
scanback. “Coupon” does not
15include:
16(A) A mail-in rebate by which the consumer purchases an item
17and submits required information in order to receive a rebate or
18discount from the beer manufacturer, or the beer and wine
19wholesaler, or its agent.
20(B) A coupon that is offered and funded by a distilled spirits
21manufacturer, distilled spirits importer general, distilled spirits
22importer, or distilled spirits wholesaler that offers a discount on
23the purchase of a distilled spirits product if beer or malt beverages
24are not advertised in connection with the coupon.
25(C) A coupon offered and funded by a winegrower, a wine
26rectifier, a wine blender, a beer and wine importer, a beer and wine
27importer general, or a wine broker that offers a discount on the
28purchase of a wine product if beer or malt beverages is not
29advertised
in connection with the coupon.
30(2) “Beer manufacturer” means a holder of a beer manufacturer’s
31license, a holder of a small beer manufacturer’s license, a holder
32of an out-of-state beer manufacturer’s certificate, an out-of-state
33vendor that holds a certificate of compliance, a holder of a beer
34and wine importer’s license who sells beer to any person holding
35a license authorizing the sale of beer, a holder of a beer and wine
P3 1importer’s general license who sells beer to any person holding a
2license authorizing the sale of beer, or a winegrower that is a
3wholly owned subsidiary of a beer manufacturer.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
O
99