Bill Text: CA AB2182 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Alcoholic beverage control: winegrowers: wine sales event permits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-19 - Chaptered by Secretary of State - Chapter 213, Statutes of 2014. [AB2182 Detail]

Download: California-2013-AB2182-Amended.html

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BILL NUMBER: AB 2182	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 20, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2182, as amended, Beth Gaines. Alcoholic beverage control:
 caterer's permits.   winegrowers: wine sales
event permits. 
   The Alcoholic Beverage Control Act  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   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
 .
   This bill would  make a nonsubstantive change to this
provision   provide that a wine sales event permit is
valid for the entire duration of the event  .
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 23399.6 of the  
Business and Professions Code   is amended to read: 
   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  a maximum of five
consecutive days during the event period   the entire
duration of the event  . 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, 23701  l  , 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. 
  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.