Bill Text: CA SB131 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Alcoholic beverages: tied-house restrictions: symphony

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-11-02 - Chaptered by Secretary of State. Chapter 638, Statutes of 2009. [SB131 Detail]

Download: California-2009-SB131-Amended.html

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BILL NUMBER: SB 131	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2009

INTRODUCED BY   Senator Wiggins

                        FEBRUARY 9, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 131, as amended, 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
 web   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. This bill would also make
technical, nonsubstantive changes to this provision.
   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, e-mail addresses, or Internet
 Web6+   Web  site addresses, of two or
more unaffiliated on-sale retailers selling wine, brandy, or both
wine and brandy and operating and licensed as bona fide public eating
places pursuant to Section 23038 selling the wine, brandy, or both
wine and brandy produced, 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
inquiry or in person does not constitute a thing of value or
prohibited inducement to the listed on-sale retailer, provided:
   (1) The listing does not also contain the retail price of the
product, and
   (2) The listing is the only reference to the on-sale retailers in
the direct communication, and
   (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
   (4) The listing is made by, produced by, or paid for, or any
combination thereof, exclusively by the nonretail industry member
making the response.
   (b) For the purposes of this section, "nonretail industry member"
is defined as a manufacturer, winegrower, distiller of 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, e-mail addresses, or 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.