Bill Text: CA AB1788 | 2013-2014 | Regular Session | Introduced
Bill Title: Alcoholic beverages: tied-house restrictions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-19 - From printer. May be heard in committee March 21. [AB1788 Detail]
Download: California-2013-AB1788-Introduced.html
BILL NUMBER: AB 1788 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Waldron
FEBRUARY 18, 2014
An act to amend Section 25500 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1788, as introduced, Waldron. Alcoholic beverages: tied-house
restrictions.
Existing law, known as tied-house restrictions, prohibits a
manufacturer, winegrower, manufacturer's agent, rectifier, California
winegrower's agent, distiller, bottler, importer, and wholesaler,
and any officer, director, or agent of any of those persons, from
having specified relationships with an on-sale alcoholic beverage
licensee with limited exceptions.
This bill would make technical, nonsubstantive changes to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25500 of the Business and Professions Code is
amended to read:
25500. (a) No manufacturer, winegrower,
California winegrower's agent, manufacturer's agent, rectifier,
California winegrower's agent, distiller,
bottler, importer, or wholesaler, or any officer, director, or agent
of any such person shall:
(1) Hold the ownership, directly or indirectly, of any interest in
any on-sale license.
(2) Furnish, give, or lend any money or other thing of value,
directly or indirectly, to, or guarantee the repayment of any loan or
the fulfillment of any financial obligation of, any person engaged
in operating, owning, or maintaining any on-sale premises where
alcoholic beverages are sold for consumption on the premises.
(3) Own any interest, directly or indirectly, in the business,
furniture, fixtures, refrigeration equipment, signs, except signs for
interior use mentioned in subdivision (g) of Section 25503, or lease
in or of any premises operated or maintained under any on-sale
license for the sale of alcoholic beverages for consumption on the
premises where sold; or own any interest, directly or indirectly, in
realty acquired after June 13, 1935, upon which on-sale premises are
maintained unless the holding of the interest is permitted in
accordance with rules of the department.
(b) This section does not apply to the holding by one person of a
wholesaler's license and an on-sale license in counties not to exceed
15,000 population.
(c) This section does not apply to the financial or representative
relationship between a manufacturer, winegrower, manufacturer's
agent, rectifier, California winegrower's agent, distiller, bottler,
importer, or wholesaler, or any officer, director, or agent of such
person, and a person holding only one of the following types of
licenses:
(1) On-sale general license for a bona fide club.
(2) Club license issued under Article 4 (commencing with Section
23425) of Chapter 3.
(3) Veterans' club license issued under Article 5 (commencing with
Section 23450) of Chapter 3.
(4) On-sale license for boats, trains, sleeping cars, or airplanes
where the alcoholic beverages produced or sold by the manufacturer,
winegrower, manufacturer's agent, rectifier, California winegrower's
agent, bottler, importer, or wholesaler or any officer, director, or
agent of the person are not sold, furnished, or given, directly or
indirectly to the on-sale licensee.
(d) This section does not apply to an employee of a licensee
referred to in subdivision (a) who is a nonadministrative and
nonsupervisorial employee.
(e) Notwithstanding any other provision of this division or
regulation of the department, this section does not apply to an
employee of a licensee referred to in subdivision (a) who is the
spouse of an on-sale licensee, so long as the on-sale licensee does
not purchase, offer for sale, or promote, regardless of source, any
of the brands of alcoholic beverages that are produced, bottled,
processed, imported, rectified, distributed, represented, or sold by
any licensee referred to in subdivision (a) that employs the spouse
of the on-sale licensee.
(f) Nothing in this division prohibits the holder of any retail
on-sale or off-sale license from purchasing, for fair consideration,
advertising in any publication published by any manufacturer,
winegrower, manufacturer's agent, rectifier, California winegrower's
agent, distiller, bottler, importer, or wholesaler, or any person who
directly or indirectly holds the ownership of any interest in the
premises of the retail licensee.
