Bill Text: CA SB1323 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Alcoholic beverage control: licensees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB1323 Detail]

Download: California-2009-SB1323-Introduced.html

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BILL NUMBER: SB 1323	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Walters

                        FEBRUARY 19, 2010

   An act to amend Section 25503 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1323, as introduced, Walters. Alcoholic beverage control:
tied-house restrictions.
   Existing law, known as tied-house restrictions, prohibits a
manufacturer, winegrower, manufacturer's agent, rectifier, California
winegrower's agent, distiller, bottler, importer, and wholesaler,
and any officer, director, or agent of any of those persons, from
having specified relationships or conducting specified business with
alcoholic beverages licensees of specified types.
   This bill would revise the prohibition to require that the
manufacturer, winegrower, manufacturer's agent, rectifier, California
winegrower's agent, distiller, bottler, importer, and wholesaler,
and any officer, director, or agent of any of those persons,
knowingly engage in the specified prohibited behavior.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 25503 of the Business and Professions Code is
amended to read:
   25503.  No manufacturer, winegrower, manufacturer's agent,
California winegrower's agent, rectifier, distiller, bottler,
importer, or wholesaler, or any officer, director, or agent of any
such person, shall  knowingly  do any of the following:
   (a) Directly or indirectly, deliver the possession of any
alcoholic beverages to any on- or off-sale licensee under an
agreement of consignment whereby title to the alcoholic beverages is
retained by the seller or whereby the licensee receiving the
alcoholic beverages has the right at any time prior to sale to
relinquish possession to or return them to the original seller.
   (b) Directly or indirectly, give any licensee or any person any
alcoholic beverages as free goods as a part of any sale or
transaction involving alcoholic beverages.
   (c) Give secret rebates or make any secret concessions to any
licensee or the employees or agents of any licensee, and no licensee
shall request or knowingly accept from another licensee secret
rebates or secret concessions.
   (d) Give or furnish, directly or indirectly, to any employee of
any holder of a retail on-sale or off-sale license only anything of
value for the purpose or with the intent to solicit, acquire, or
obtain the help or assistance of the employee to encourage or promote
either the purchase or the sale of the alcoholic beverage sold or
manufactured by the licensee giving or furnishing anything of value,
and any employee who accepts or acquires anything of value contrary
to the provisions of this subdivision is guilty of a misdemeanor.
   (e) Willfully or knowingly discriminate, in the same trading area,
either directly or indirectly, in the price of any brand of
distilled spirits sold to different retail licensees purchasing under
like terms and conditions.
   (f) Pay, credit, or compensate a retailer or retailers for
advertising, display, or distribution service in connection with the
advertising and sale of distilled spirits.
   (g) Furnish, give, lend, or rent, directly or indirectly, to any
person any decorations, paintings, or signs, other than signs
advertising their own products as permitted by Section 25611.1.
   (h) Pay money or give or furnish anything of value for the
privilege of placing or painting a sign or advertisement, or window
display, on or in any premises selling alcoholic beverages at retail.