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

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-Amended.html

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BILL NUMBER: AB 933	AMENDED
	BILL TEXT

	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, as amended, 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  
   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.
   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.
   (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 form 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 ____ 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.
   (f) The department may adopt rules and regulations as it
determines to be necessary for the administration of this section.
   SEC. 2.    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 ____ 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
brandy.
   (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) Notwithstanding Section 25500, for tastings conducted at a
licensee's premises, a brandy 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 its 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 brandy manufacturer.
   (f) The department may adopt rules and regulations as it
determines to be necessary for the administration of this section.

   SEC. 2.   SEC. 3.   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.