Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2182

Introduced by Assembly Member Beth Gaines

February 20, 2014

An act to amend Section begin delete 23399 end delete begin insert 23399.6 end insert of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2182, as amended, Beth Gaines. Alcoholic beverage control: begin delete caterer’s permits. end delete begin insert winegrowers: wine sales event permits. end insert

The Alcoholic Beverage Control Act begin delete provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a caterer’s permit, upon application to the Department of Alcoholic Beverage Control, to any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans’ club license authorizing the sale of alcoholic beverages at specified locations and events end delete begin insert authorizes the issuance of a wine sales event permit to any licensee under a winegrower’s license, which authorizes the sale of bottled wine produced by the winegrowers at specified events, and is valid for a maximum of 5 consecutive days during the event period end insert .

This bill would begin delete make a nonsubstantive change to this provision end delete begin insert provide that a wine sales event permit is valid for the entire duration of the event end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 23399.6 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

23399.6.  

(a) Any licensee under a winegrower’s license may
apply to the department for a wine sales event permit. The wine
sales event permit shall authorize the sale of bottled wine produced
by the winegrower at festivals, state, county, district, or citrus fruit
fairs, civic or cultural celebrations, or similar events approved by
the department. The sale of the wine shall not be the primary
purpose of the event, and the sale shall be for consumption off the
premises where sold. The permit shall be valid for begin delete a maximum of
five consecutive days during the event period end delete begin insert the entire duration
of the event end insert . The event shall be sponsored by an organization that
is exempt from taxation under Section 23701a of the Revenue and
Taxation Code, including state designated fairs as specified in
Section 19418 of the Revenue and Taxation Code, or exempt from
taxation under Section 23701b, 23701d, 23701e, 23701f, 23701g,
23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and
Taxation Code.

(b) A wine sales event permit may not be used more than two
times a month at a particular location.

(c) Consent for sales at each event shall be first obtained by an
annual authorization issued by the department. The applicant for
the wine sales permit is required to notify the city, county, or city
and county where the event is being held at least five days prior
to the event. At all events, a copy of the wine sales permit shall
be maintained. The licensee may exercise only those privileges
authorized by the licensee’s license and shall comply with all
provisions of the act pertaining to that license, and any violation
of those provisions may be grounds for suspension or revocation
of the licensee’s license or permit, or both, as though the violation
occurred on the licensed premises.

(d) (1) A licensee may not sell more than 5,000 gallons of wine
annually pursuant to wine sales event permits issued under this
section to that licensee.

(2) A licensee holding a wine sales event permit may not sell
more than 1,250 gallons of wine per event.

(3) A licensee that is eligible to receive a certified farmers’
market sales permit under Section 23399.4 and a wine sales event
permit may not, under both permits collectively, sell more than a
total of 5,000 gallons of wine annually.

(4) The licensee shall annually report to the department the total
gallons of wine sold by that licensee under permits issued under
this section to that licensee. The report may be included within the
annual report of production submitted by the licensee to the
department, or may be made in another manner as prescribed by
the department in regulation.

(e) The sponsoring tax-exempt organization may charge a fee
of the licensee for the licensee’s use of display booth space. The
fee, if paid, shall be comparable with, or less than, fees, or goods
or services of equivalent value, paid by other vendors at the event
for a similar booth size and location.

(f) The sponsoring tax-exempt organization shall allow the
participation of more than one winegrower under a wine sales
event permit at an event if public attendance at the event is
expected to reach or exceed 1,000 attendees. The prior year’s stated
attendance for the event shall be used to determine the expected
attendance.

(g) (1) The fee for the authorization to utilize a wine sales
permit shall be fifty dollars ($50) per year, and the authorization
may be renewable annually at the time of the licensee’s license.
The wine sales permit authorization shall be transferable as part
of the license.

(2) All money collected as fees pursuant to this subdivision
shall be deposited in the Alcohol Beverage Control Fund, as
described in Section 25761, for allocation, upon appropriation by
the Legislature, as provided in subdivision (d) of that section.

(h) The department may adopt any regulations as it determines
to be necessary for the administration of this section.

begin delete

SECTION 1.  

Section 23399 of the Business and Professions
Code is amended to read:

23399.  

(a) An on-sale general license authorizes the sale of
beer, wine, and distilled spirits for consumption on the premises
where sold. Any licensee under an on-sale general license, an
on-sale beer and wine license, a club license, or a veterans’ club
license may apply to the department for a caterer’s permit. A
caterer’s permit under an on-sale general license shall authorize
the sale of beer, wine, and distilled spirits for consumption at
conventions, picnics, social gatherings, sporting events, trade
exhibits, or similar events held any place in the state approved by
the department. A caterer’s permit under an on-sale beer and wine
license shall authorize the sale of beer and wine for consumption
at conventions, sporting events, trade exhibits, picnics, social
gatherings, or similar events held any place in the state approved
by the department. A caterer’s permit under a club license or a
veterans’ club license shall authorize sales at these events only
upon the licensed club premises.

(b) Any licensee under an on-sale general license or an on-sale
beer and wine license may apply to the department for an event
permit. An event permit under an on-sale general license or an
on-sale beer and wine license shall authorize, at events held no
more frequently than four days in any single calendar year, the
sale of beer, wine, and distilled spirits only under an on-sale general
license or beer and wine only under an on-sale beer and wine
license for consumption on property adjacent to the licensed
premises and owned or under the control of the licensee. This
property shall be secured and controlled by the licensee and not
visible to the general public.

(c) This section shall in no way limit the power of the
department to issue special licenses under the provisions of Section
24045 or to issue daily on-sale general licenses under the provisions
of Section 24045.1. Consent for sales at each event shall be first
obtained from the department in the form of a catering or event
authorization issued pursuant to rules prescribed by it. Any event
authorization shall be subject to approval by the appropriate local
law enforcement agency. The fee for each catering or event
authorization shall be issued at a fee not to exceed twenty-five
dollars ($25) and this fee shall be deposited in the Alcohol
Beverage Control Fund as provided in Section 25761.

(d) At all approved events, the licensee may exercise only those
privileges authorized by the licensee’s license and shall comply
with all provisions of the act pertaining to the conduct of on-sale
premises and violation of those provisions may be grounds for
suspension or revocation of the licensee’s license or permit, or
both, as though the violation occurred on the licensed premises.

(e) The fee for a caterer’s permit for a licensee under an on-sale
general license, a caterer’s permit for a licensee under an on-sale
beer and wine license, or an event permit for a licensee under an
on-sale general license or an on-sale beer and wine license shall
be one hundred four dollars ($104) for permits issued during the
2002 calendar year, one hundred seven dollars ($107) for permits
issued during the 2003 calendar year, one hundred ten dollars
($110) for permits issued during the 2004 calendar year, and for
permits issued during the years thereafter, the annual fee shall be
calculated pursuant to subdivisions (b) and (c) of Section 23320,
and the fee for a caterer’s permit for a licensee under a club license
or a veterans’ club license shall be as specified in Section 23320,
and the permit may be renewable annually at the same time as the
licensee’s license. A caterer’s or event permit shall be transferable
as a part of the license.

end delete