AB 2488,
as amended, Levine. Alcoholic beverages:begin delete licenses: suspension and revocation.end deletebegin insert certified farmers’ market sales permit.end insert
The Alcoholic Beverage Control Act permits the Department of Alcoholic Beverage Control to issue special temporary licenses and permits to various entities for limited purposes. The act permits the department to issue a certified farmers’ market sales permit that authorizes a licensee under a winegrower’s license, a member of the licensee’s family, or an employee of the licensee to sell wine produced and bottled by the winegrower at certified farmers’ market locations, under specified conditions. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
end insertbegin insertThis bill would specify that, pursuant to the certified farmers’ market sales permit, the licensee may only sell wine that is produced entirely from grapes or other agricultural products grown by the winegrower and that is bottled by the winegrower. This bill would require the certified farmers’ market sales permit to authorize the licensee also to conduct an instructional tasting event on the subject of wine at a certified farmers’ market, subject to certain conditions.
end insertbegin insertBy expanding the definition of an existing crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law, the Alcoholic Beverage Control Act, regulates the application, issuance, and suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law requires the Chief of the Bureau of Food and Drug Inspection to notify the Department of Alcoholic Beverage Control of the conviction of any licensee of any violation of the California Pure Foods Act in connection with alcoholic beverages. Existing law requires the department to promptly investigate whether grounds exist for suspension or revocation of the license.
end deleteThis bill would instead require the Director of the State Department of Public Health to notify the department of the conviction of any licensees of any violation of the Sherman Food, Drug, and Cosmetic Law in connection with alcoholic beverages.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 23399.4 of the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert is amended to read:end insert
(a) Abegin delete licensee under a winegrower’s licenseend deletebegin insert licensed
4winegrowerend insert may apply to the department for a certified farmers’
5market sales permit. A certified farmers’ market sales permit shall
6authorize the licensee, a member of the licensee’s family, or an
7employee of the licensee to sell winebegin delete produced and bottled by the at a
8winegrower entirely from grapes grown by the winegrowerend delete
9certified farmers’ market at any place in the state approved by the
10department.begin insert The licensee may
only sell wine that is produced
11entirely from grapes or other agricultural products grown by the
12winegrower and that is bottled by the winegrower. In addition,
13the permit will allow an instructional tasting event by the licensee
14on the subject of wine at a certified farmers’ market.end insert The permit
15may be issued for up to 12 months but shall not be valid for more
16than one day a week at any single specified certified farmers’
P3 1market location. A winegrower may hold more than one certified
2farmers’ market sales permit. The department shall notify the city,
3county, or city and county and applicable law enforcement agency
4where the certified farmers’ market is to be held of the issuance
5of the permit. A “certified farmers’ market” means a location
6operated in accordance with Chapter 10.5 (commencing with
7Section 47000) of Division 17 of the Food and Agricultural Code,
8and the regulations adopted pursuant thereto.
9(b) (1) An instructional tasting event is subject to the
10authorization and managerial control of the operator of the
11certified farmers’ market. The licensee, a member of the licensee’s
12family, or an employee of the licensee may conduct an instructional
13tasting event for consumers on the subject of wine at a certified
14farmers’ market.
15(2) (A) At all times during an instructional tasting event, the
16instructional tasting event area shall be separated from the
17remainder of the market by a wall, rope, cable, cord, chain, fence,
18or other permanent or temporary barrier. Only one licensee may
19conduct an instructional tasting event during the operational hours
20of any one certified farmers’ market.
21(B) The licensee shall not permit any consumer to leave the
22instructional tasting area with an open container of wine.
23(c) The licensee shall not pour more than three ounces of wine
24per person per day.
25(b)
end delete
26begin insert(end insertbegin insertd)end insert The licensed winegrower eligible for the certified farmers’
27market sales permit shall not sell more than
5,000 gallons of wine
28annually pursuant to all certified farmers’ market sales permits
29held by any single winegrower. The licensed winegrower shall
30report total certified farmers’ market wine sales to the department
31on an annual basis. The report may be included within the annual
32report of production submitted to the department, or pursuant to
33any regulation as may be prescribed by the department.
34(e) Except as otherwise provided in this division or by the rules
35of the department, no premium, gift, free goods, or other thing of
36value shall be given away by an authorized licensee or its
37designated representative in connection with an instructional
38tasting event conducted pursuant to this section that includes
39tastings of wine.
40(c)
end delete
P4 1begin insert(f)end insert The fee for any permit issued pursuant to this section shall
2bebegin delete forty-four dollars ($44) for permits issued during the 2002 begin insert
fifty dollars ($50), subject
3calendar year, forty-seven dollars ($47) for permits issued during
4the 2003 calendar year, fifty dollars ($50) for permits issued during
5the 2004 calendar year, and for permits issued during the years
6thereafter, the annual fee shall be calculated pursuant to
7subdivisions (c) and (d) of Section 23320end delete
8to adjustment pursuant to subdivisions (b) and (c) of Section 23320end insert.
9(d)
end delete
10begin insert(g)end insert All money collected as fees pursuant to this section shall be
11deposited in the Alcohol Beverage Control Fund as provided in
12Section 25761.
No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.
Section 24204 of the Business and Professions
23Code is amended to read:
The Director of the State Department of Public Health
25shall immediately notify the department of the conviction of any
26licensee of any violation of the Sherman Food, Drug, and Cosmetic
27Law in connection with alcoholic beverages. The department shall
28promptly cause an investigation to be made as to whether grounds
29exist for suspension or revocation of the license
of such licensee.
O
98