Amended
IN
Assembly
April 02, 2018 |
Assembly Bill | No. 2452 |
Introduced by Assembly Member Aguiar-Curry (Principal coauthor: Senator Dodd) |
February 14, 2018 |
(1)Existing
This bill would eliminate the requirement that the listing of information, described above, refer to more than one on-sale or off-sale retailer or more than one on-sale or off-sale retail establishments controlled by the same retailer.
(2)Tied-house restrictions permit a person employed or engaged by an authorized licensee to appear at a promotional event at the premises of an off-sale retail licensee for the purposes of providing autographs if specified conditions are met. In this regard, the authorized licensee may advertise the promotional event only in authorized licensee publications and, among other things, those advertisements are prohibited from providing pictures or illustrations of the off-sale retail
licensee’s premises.
This bill would eliminate the prohibition on the presence of pictures or illustrations of the off-sale retail licensee’s premises in the advertisements described above.
(3)Tied-house
(a)The listing of the names, addresses, telephone numbers, email addresses, or Internet Web site addresses, or other electronic media, of two or more unaffiliated on-sale or off-sale retailers selling beer, wine, or distilled spirits produced, distributed, or imported by a nonretail industry member does not constitute a thing of value or prohibited inducement to the listed on-sale or off-sale retailer, provided all of the following conditions are met:
(1)The listing does not also contain the retail price of the product.
(2)The listing is the only reference to the on-sale or off-sale retailers in the direct communication.
(3)The listing is made, or produced, or paid for, exclusively by the nonretail industry member.
(b)For the purposes of this section, “nonretail industry member” is defined as a manufacturer, including, but not limited to, a beer manufacturer, winegrower, brandy manufacturer, rectifier, or distiller of alcoholic beverages or an agent of that entity, or a wholesaler, regardless of any other licenses held directly or indirectly by that person.
(c)The Legislature finds
that it is necessary and proper to require a separation among manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by this section to the general prohibition against tied interests shall be limited to their express terms so as not to undermine the general prohibition, and intends that this section be construed accordingly.
(a)A person employed or engaged by an authorized licensee may appear at a promotional event at the premises of an off-sale retail licensee for the purposes of providing autographs to consumers at the promotional event only under the following conditions:
(1)A purchase from the off-sale retail licensee is not required.
(2)A fee is not charged to attend the promotional event.
(3)Autographing may only be provided on consumer advertising specialities given by the authorized licensee to a consumer or on any item provided by the consumer.
(4)The promotional event does not
exceed four hours in duration.
(5)There are no more than two promotional events per calendar year involving the same authorized licensee at a single premises of an off-sale retail licensee.
(6)The off-sale retail licensee may advertise the promotional event to be held at its licensed premises.
(7)An authorized licensee may advertise in advance of the promotional event only in publications of the authorized licensee, subject to the following conditions:
(A)The advertising only lists the name and address of the off-sale retail licensee, the name of the alcoholic beverage product being featured at the promotional event, and the time, date, and location of the off-sale retail licensee location where the promotional event is being held.
(B)The listing of the off-sale retail licensee’s name and address is the only reference to the off-sale retail licensee in the advertisement and is relatively inconspicuous in relation to the advertisement as a whole, and the advertisement does not contain any laudatory references to the off-sale retail licensee.
(8)A wholesaler does not directly or indirectly underwrite, share in, or contribute to any costs related to the promotional event, except that a beer and wine wholesaler that holds at least six distilled spirits wholesaler licenses may directly or indirectly underwrite, share in, or contribute to any costs related to a promotional event for which the wholesaler employs or engages the person providing autographs to consumers at the promotional event.
(9)The authorized licensee notifies the department in writing of the promotional event at least 30 days in advance of the promotional event.
(10)The authorized licensee maintains records necessary to establish its compliance with this section.
(b)For purposes of this section, “authorized licensee” means a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, importer, brandy manufacturer, brandy importer, or wholesaler.