Bill Text: CA SB1096 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Alcoholic beverages: tied-house restrictions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-24 - Chaptered by Secretary of State. Chapter 285, Statutes of 2010. [SB1096 Detail]

Download: California-2009-SB1096-Introduced.html

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BILL NUMBER: SB 1096	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wiggins

                        FEBRUARY 17, 2010

   An act to amend Sections 25500.1, 25500.2, and 25502.1 of the
Business and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1096, as introduced, Wiggins. Alcoholic beverages: tied-house
restrictions.
   The Alcoholic Beverage Control Act contains limitations on sales
commonly known as "tied-house" restrictions, which generally prohibit
a manufacturer, winegrower, manufacturer's agent, California
winegrower's agent, rectifier, distiller, bottler, importer, or
wholesaler from furnishing, giving, or lending any money or other
thing of value to any person engaged in operating, owning, or
maintaining any off-sale licensed premises. Existing law provides
that, for purposes of these provisions, the listing of the names,
addresses, telephone numbers or e-mail addresses, or both, or
Internet Web site addresses, of two or more unaffiliated on-sale
retailers selling wine or brandy, or both, and operating and licensed
as bona fide public eating places selling the wine or brandy
produced, distributed or imported by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic Internet inquiry or in person does not
constitute a thing of value or prohibited inducement to the listed
on-sale retailer, if specified conditions are met.
   This bill would revise the direct inquiry provisions to include
any electronic inquiries from consumers, and would make technical,
nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 25500.1 of the Business and Professions Code is
amended to read:
   25500.1.   (a)    Notwithstanding Section 25500,
the listing of the names, addresses, telephone  numbers
and/or   numbers,  e-mail addresses, or 
web   Internet Web  site addresses, of two or more
unaffiliated on-sale retailers selling  wine and/or brandy
  wine, brandy, or both wine and brandy  and
operating and licensed as bona fide public eating places pursuant to
Section 23038 selling the  wine and/or brandy  
wine, brandy, or both wine and brandy  produced, 
distributed and/or imported   distributed, imported, or
both distributed and imported  by a nonretail industry member in
response to a direct inquiry from a consumer received by telephone,
by mail, by electronic  Internet  inquiry or in
person does not constitute a thing of value or prohibited inducement
to the listed on-sale retailer, provided: 
   (a) 
    (1)  The listing does not also contain the retail price
of the product, and 
   (b) 
    (2)  The listing is the only reference to the on-sale
retailers in the direct communication, and 
   (c) 
    (3)  The listing does not refer only to one on-sale
retailer or only to on-sale retail establishments controlled directly
or indirectly by the same on-sale retailer, and 
   (d) 
    (4)  The listing is made by,  and/or produced
by, and/or paid for   produced by, or paid for, or any
combination thereof  , exclusively by the nonretail industry
member making the response. 
    For 
    (b)     For  the purposes of this
section, "nonretail industry member" is defined as a manufacturer,
winegrower, distiller of  wine and/or brandy  
wine, brandy, or both  , regardless of any other licenses held
directly or indirectly by such person. Except as specifically
provided above, any payment for, making or production, either
directly or indirectly, listing the names, addresses, telephone
 numbers and/or  numbers,  e-mail
addresses, or  web   Internet Web  site
addresses, of on-sale retailers otherwise authorized by this section
by a wholesaler or by a wholesaler that also holds an importer's
license shall constitute the furnishing of a thing of value or
inducement to the listed on-sale retailers in violation of this
division.
  SEC. 2.  Section 25500.2 of the Business and Professions Code is
amended to read:
   25500.2.  (a) Notwithstanding Section 25500, the listing of the
names, addresses, telephone numbers, e-mail addresses, or 
Internet  Web site addresses, of two or more unaffiliated
on-sale retailers selling beer, wine, or distilled spirits, and
operating and licensed as bona fide public eating places pursuant to
Section 23038 selling the beer, wine, or distilled spirits produced,
distributed, or imported by a nonretail industry member in response
to a direct inquiry from a consumer received by telephone, by mail,
by electronic  Internet  inquiry, or in person does
not constitute a thing of value or prohibited inducement to the
listed on-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 retailers in
the direct communication.
   (3) The listing does not refer only to one on-sale retailer or
only to on-sale retail establishments controlled directly or
indirectly by the same on-sale retailer.
   (4) The listing is made by, or produced by, or paid for,
exclusively by the nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, 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.
  SEC. 3.  Section 25502.1 of the Business and Professions Code is
amended to read:
   25502.1.  (a) Notwithstanding Section 25502, the listing of the
names, addresses, telephone numbers, e-mail addresses, or 
Internet  Web site addresses, of two or more unaffiliated
off-sale retailers selling the products produced, distributed or
imported by a nonretail industry member in response to a direct
inquiry from a consumer received by telephone, by mail, by electronic
 Internet  inquiry or in person does 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 in
the direct communication.
   (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 nonretail industry member making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, including, but not limited to, a beer
manufacturer, winegrower, or distiller of alcoholic beverages, or an
agent of those entities, or a wholesaler, regardless of any other
licenses held directly or indirectly by that person.