AB 2609, as amended, Nestande. Home brewers and home winemakers.
Existing law authorizes a person to manufacture beer or wine for personal or family use without the need for a license or permit, as provided. Existing law authorizes the removal of beer or wine from the premises where made for personal or family use, for specified purposes, including at bona fide competitions or exhibitions. Existing law also authorizes these products to be removed from the premises when donated to a nonprofit organization for sale at a fundraising event, but excludes from this authorization nonprofit organizations that either promote home brewing or home winemaking or that are primarily composed of home brewers or home winemakers, as specified. The Alcoholic Beverage Control 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 permit the removal and use of home brewed beer or homemade wine in connection with a bona fide competition or judging or a bona fide exhibition or tasting. The bill would also allow nonprofit organizations that promote home brewing to serve beer at fundraising events subject to specified conditions, including requiring an educational component to the event and limiting the nonprofit organization to 2 of these types of events that serve beer pursuant to this authorization per year.begin insert The bill would require this beer or wine to be served within a clearly identified area that has a physical barrier with a monitored point of entry and would prohibit commercial manufacturers from selling beer or wine in this area.end insert
By expanding the definition of an existing crime, this bill would impose a state-mandated local program.
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 23356.2 of the Business and Professions
2Code is amended to read:
(a) No license or permit shall be required for the
4manufacture of beer or wine for personal or family use, and not
5for sale, by a person over 21 years of age. The aggregate amount
6of beer or wine with respect to any household shall not exceed (1)
7100 gallons per calendar year if there is only one adult in the
8household or (2) 200 gallons per calendar year if there are two or
9more adults in the household.
10(b) Beer or wine produced pursuant to this section may be
11removed from the premises where made only under any of the
12following circumstances:
13(1) For use, including in a bona fide competition or judging or
14a bona fide
exhibition or tasting.
15(2) For personal or family use.
P3 1(3) When donated to a nonprofit organization for use as provided
2in subdivision (c) or (d).
3(4) Beer or wine produced pursuant to this section may only be
4provided or served to the public pursuant to paragraphs (1) and
5(3) within a clearly identified area, that includes, but is not limited
6to, a physical barrier with a monitored point of entry. Beer or wine
7produced by a beer manufacturer or winegrower as defined in
8Sections 23012 and 23013, respectively, and licensed by the
9department, shall not be provided or served to the public within
10this area.
11(c) (1) Beer or wine produced pursuant to this section may be
12donated to a nonprofit organization for sale at fundraising events
13conducted solely by and for the benefit of the nonprofit
14organization. Beer and wine donated pursuant to this subdivision
15may be sold by the nonprofit organization only for consumption
16on the premises of the fundraising event, under a license issued
17by the department to the nonprofit organization pursuant to this
18division.
19(2) Beer or wine donated and sold pursuant to this subdivision
20shall bear a label identifying its producer and stating that the beer
21or wine is homemade and not available for sale or for consumption
22off the licensed premises. The beer or wine is not required to
23comply with other labeling requirements under this division.
24However, nothing in this paragraph authorizes the use of any false
25or
misleading information on a beer or wine label.
26(3) A nonprofit organization established for the purpose of
27promoting home production of beer or wine, or whose membership
28is composed primarily of home brewers or home winemakers, shall
29not be eligible to sell beer pursuant to this subdivision.
30(d) A nonprofit organization established for the purpose of
31promoting home production of beer shall be eligible to serve beer
32at a fundraising event conducted solely for the benefit of the
33nonprofit organization pursuant to this subdivision, subject to the
34following conditions:
35(1) The beer that is served is donated by home brewers.
36(2) The nonprofit organization shall be issued no more than two
37permits per calendar year for the serving of beer pursuant to this
38subdivision.
P4 1(3) The nonprofit organization shall display a printed notice at
2the event that states that home brewed beer is not a regulated
3product subject to health and safety standards.
4(4) The event shall have an educational component that includes
5instruction on the subject of beer, including, but not limited to, the
6history, nature, values, and characteristics of beer, the use of beer
7lists, and the methods of presenting and serving beer.
8(5) Only bona fide members of the nonprofit organization may
9attend the event.
10(6) The nonprofit organization shall not solicit or sign up
11individuals to be members of the nonprofit organization on the
12day of the event at the event premises.
13(7) The nonprofit organization shall provide the department
14with the number of members that have registered for the event and
15the estimated number that will be in attendance, 48 hours before
16the event. This paragraph shall apply only if more than 50 members
17are expected to be in attendance at the event.
18(e) Except as provided in subdivision (c), this section does not
19authorize the sale or offering for sale by any person of any beer
20or wine produced pursuant to this section.
21(f) Except as provided herein, nothing in this section authorizes
22any
activity in violation of Section 23300, 23355, or 23399.1.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district are the result of a program for which legislative authority
27was requested by that local agency or school district, within the
28meaning of Section 17556 of the Government Code and Section
296 of Article XIII B of the California Constitution.
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