Bill Text: CA AB933 | 2013-2014 | Regular Session | Chaptered
Bill Title: Distilled spirits manufacturers: licenses: tastings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-09-26 - Chaptered by Secretary of State - Chapter 366, Statutes of 2013. [AB933 Detail]
Download: California-2013-AB933-Chaptered.html
BILL NUMBER: AB 933 CHAPTERED
BILL TEXT
CHAPTER 366
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2013
APPROVED BY GOVERNOR SEPTEMBER 26, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 3, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY MAY 15, 2013
AMENDED IN ASSEMBLY APRIL 17, 2013
INTRODUCED BY Assembly Members Skinner and Hall
FEBRUARY 22, 2013
An act to amend Section 23363.1 of, and to add Section 23363.3 to,
the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 933, Skinner. Distilled spirits manufacturers: licenses:
tastings.
Existing law, the Alcoholic Beverage Control Act, authorizes a
licensed distilled spirits manufacturer to conduct tastings of
distilled spirits produced or bottled by, or produced or bottled for,
the licensee, on the licensed premises, under specified conditions.
Existing law generally prohibits a manufacturer, winegrower,
manufacturer's agent, California winegrower's agent, rectifier,
distiller, bottler, importer, or wholesaler from, among other things,
giving or lending any money or other thing of value, directly or
indirectly, to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. Existing law excepts from
this prohibition the listing of names, addresses, telephone numbers,
and email addresses, among other things, if specified conditions are
met. Existing law provides that a violation of the act is a
misdemeanor unless otherwise specified.
This bill would revise the conditions upon which a distilled
spirits manufacturer may conduct tastings, authorize a licensed
distilled spirits manufacturer to charge consumers for tastings on
its licensed premises, and would impose additional conditions on the
provision of tastings by the licensee on the licensed premises. The
bill would include in these conditions that tastings of distilled
spirits not exceed a specified amount and be limited to 6 tastes to
be provided to an individual per day.
The bill would also extend the authorization to conduct tastings,
as described above, to brandy manufacturers.
By expanding the definition of a 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares that a tasting
of distilled spirits or brandy is a presentation of samples of one or
more distilled spirits or brandies, representing one or more
distilled spirits or brandy manufacturers, to a group of consumers
for the purpose of acquainting the tasters with the characteristics
of the distilled spirits or brandy tasted.
(b) The Legislature also finds and declares that it is necessary
and proper to require a separation between 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 Sections 23363.1 and 23363.3 of the
Business and Professions Code to the general prohibition against tied
interests must be limited to their express terms so as not to
undermine the general prohibition, and intends that these sections be
construed accordingly.
SEC. 2. Section 23363.1 of the Business and Professions Code is
amended to read:
23363.1. (a) A distilled spirits manufacturer's license
authorizes the licensee to conduct tastings of distilled spirits
produced or bottled by, or produced or bottled for, the licensee, on
or off the licensee's premises.
(b) (1) Distilled spirits tastings may be conducted by the
licensee off the licensee's premises only for an event sponsored by a
nonprofit organization. A distilled spirits manufacturer shall not
sell or solicit sales of distilled spirits at such event. The
sponsoring organization shall first obtain a permit from the
department.
(2) For purposes of this subdivision, "nonprofit organization"
does not include any community college or other institution of higher
learning, as defined in the Education Code, nor does it include any
officially recognized club, fraternity, or sorority, whether or not
that entity is located on or off the institution's campus.
(c) Tastings on the licensee's premises shall be subject to the
following conditions:
(1) Tastings of distilled spirits shall not exceed one-fourth of
one ounce and shall be limited to no more than six tastes per
individual per day.
(2) Tastings shall only include the products that are authorized
to be produced or bottled by or for the licensee.
(3) A person under 21 years of age shall not serve tastes of
distilled spirits.
(4) Tastings of distilled spirits shall not be given in the form
of a cocktail or a mixed drink.
(d) Notwithstanding Section 25600, the licensee may provide
distilled spirits without charge for any tastings conducted pursuant
to this section. The licensee may charge for tastings conducted by
the licensee on its licensed premises.
(e) This section shall not relieve the holder of a distilled
spirits manufacturer's license of any civil or criminal liability
arising out of a violation of Section 25602.
SEC. 3. Section 23363.3 is added to the Business and Professions
Code, to read:
23363.3. (a) A brandy manufacturer's license authorizes the
licensee to conduct tastings of brandy produced or bottled by, or
produced or bottled for, the licensee, on or off the licensee's
premises.
(b) (1) A brandy manufacturer shall not sell or solicit sales of
brandy at the event. The sponsoring organization shall first obtain a
permit from the department.
(2) For purposes of this subdivision, "nonprofit organization"
does not include any community college or other institution of higher
learning, as defined in the Education Code, nor does it include any
officially recognized club, fraternity, or sorority, whether or not
that entity is located on or off the institution's campus.
(c) Tastings on the licensee's premises shall be subject to the
following conditions:
(1) Tastings of brandy shall not exceed one-fourth of one ounce
and shall be limited to no more than six tastes per individual per
day.
(2) Tastings shall only include the products that are authorized
to be produced or bottled by or for the licensee.
(3) A person under 21 years of age shall not serve tastes of
brandy.
(4) Tastings of brandy shall not be given in the form of a
cocktail or a mixed drink.
(d) Notwithstanding Section 25600, the licensee may provide brandy
without charge for any tastings conducted pursuant to this section.
The licensee may charge for tastings conducted by the licensee on its
licensed premises.
(e) This section shall not relieve the holder of a brandy
manufacturer's license of any civil or criminal liability arising out
of a violation of Section 25602.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
