Bill Text: CA AB933 | 2013-2014 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: AB 933	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Skinner and Hall

                        FEBRUARY 22, 2013

   An act to amend Section 23363.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 933, as introduced, 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 e-mail 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 an unspecified amount and be limited to an
unspecified number of tastes to be provided to an individual per day.
The bill would permit a distilled spirits manufacturer, under
specified conditions, for tastings conducted at a licensee's
premises, to display or provide to individuals a listing of the
names, addresses, telephone numbers, e-mail addresses, or Internet
Web site addresses, of two or more unaffiliated off-sale retailers
selling their products. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  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.  Distilled 
    (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  and only if persons attending the event are
affiliated with the sponsor. No distilled spirits shall be sold or
solicited for sale in that portion of the premises where the
distilled spirits tasting is being conducted. Notwithstanding Section
25600, the licensee may provide distilled spirits without charge for
any tastings conducted pursuant to this section  .  A
distilled spirits manufacturer shall not sell or solicit sales of
distilled spirits at such event. The sponsoring organization shall
first obtain a permit form the department.  
   (b) 
    (2)  For purposes of this  section: 
 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.  
   (1) "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.  
   (2) "Affiliated with the sponsor" means directors, officers,
members, employees, and volunteers of bona fide charitable,
fraternal, political, religious, trade, service, or similar nonprofit
organizations and their invited guests. Persons "affiliated with the
sponsor" also includes up to three guests invited by persons
described in this paragraph.  
   (c) The sponsoring organization shall first obtain a permit from
the department.  
   (c) Tastings on the licensee's premises shall be subject to the
following conditions:  
   (1) Tastings of distilled spirits shall not exceed ____ and shall
be limited to no more than ____ tastes per individual per day. 

   (2) Tastings shall only include the products that are authorized
to be sold by the licensee.  
   (3) A person under 21 years of age shall not serve tastes of
distilled spirits.  
   (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) Notwithstanding Section 25500, for tastings conducted at a
licensee's premises, a distilled spirits manufacturer may display or
provide to individuals a listing of the names, addresses, telephone
numbers, e-mail addresses, or Internet Web site addresses, of two or
more unaffiliated off-sale retailers selling their products. This
action shall not constitute a thing of value or prohibited inducement
to the listed 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 off-sale retailers
displayed or provided.  
   (3) The listing does not refer only to one off-sale retailer or
only to off-sale retail establishments controlled directly or
indirectly by the same off-sale retailer.  
   (4) The listing is made by, or produced by, or paid for,
exclusively by the distilled spirits manufacturer.  
   (d) 
   (f)  The department may adopt rules and regulations as it
determines to be necessary for the administration of this section.
  SEC. 2.  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.