Bill Text: CA AB1356 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverage licensees: winegrower: brandy

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1356 Detail]

Download: California-2011-AB1356-Introduced.html

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BILL NUMBER: AB 1356	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 18, 2011

   An act to amend Section 23390 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1356, as introduced, Eng. Alcoholic beverage licensees:
winegrower: brandy manufacturer: duplicate licenses.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control and requires the Department
of Alcoholic Beverage Control to deny the issuance of a license if
that issuance would result in or add to an undue concentration of
licenses, subject to specified exceptions. Existing law also requires
the Department of Alcoholic Beverage Control to issue a duplicate
license to a winegrower or brandy manufacturer for locations other
than his or her wine production or brandy manufacture premises.
   This bill would require the department to deny the issuance of
duplicate license to a winegrower or brandy manufacturer if issuance
of that license would result in or add to an undue concentration of
licenses, except as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23390 of the Business and Professions Code is
amended to read:
   23390.  (a) A licensed winegrower or brandy manufacturer, in
addition to exercising all the privileges of his or her license at
his or her licensed premises, may exercise all his or her license
privileges at or from branch offices or warehouses, or United States
bonded wine cellars located away from his or her place of production
or manufacture, other than the following privileges:
   (1) Production or manufacture.
   (2) The sale of wine or brandy to consumers for consumption on the
premises in a bona fide eating place.
   (3) The sale or delivery of wine to consumers in containers
supplied, furnished, or sold by the consumer.
   (b)  (1)    The department may issue to a
winegrower or brandy manufacturer a duplicate of his or her original
license for a location or locations other than his or her wine
production or brandy manufacture premises. The duplicate license
authorizes the maintenance and operation of each branch or warehouse
or United States bonded wine cellar declared and designated by the
winegrower or brandy manufacturer at the location for which the
duplicate license is issued. The fee for each duplicate winegrower's
license and for each duplicate brandy manufacturer's license is as
specified in Section 23320. 
   (2) The department shall deny an application for a duplicate
license if the issuance of that license would result in or add to an
undue concentration of licenses, except as provided in Section
23958.4. 
   (c) Notwithstanding any other provision of law, the department may
allow any person who held more than one original winegrower's
license, on or before January 1, 1981, to transfer any duplicate
license which has been issued, on or before January 1, 1981, on any
of the original winegrower's licenses to any other original
winegrower's license held by that person, on or before January 1,
1981, provided that the licensee cancels the original winegrower's
license from which any duplicate license is transferred. This
subdivision shall not authorize any person to acquire any additional
duplicate licenses other than those held by that licensee on or
before January 1, 1981.