Bill Text: CA SB639 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Alcoholic beverage licensees: on-sale tasting license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB639 Detail]

Download: California-2009-SB639-Amended.html

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BILL NUMBER: SB 639	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Calderon

                        FEBRUARY 27, 2009

   An act to  amend Section 25612.5 of   add
Section 25503.56 to  the Business and Professions Code, relating
to alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 639, as amended, Calderon. Alcoholic beverage licensees:
 retail operating procedures.   tasting permits.
 
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law provides for
various annual fees for the issuance of alcoholic beverage licenses
depending upon the type of license issued.  
   This bill would add a tasting permit to the Alcoholic Beverage
Control Act, which would allow the permitholder to designate a
portion of the existing licensed premises for the purposes of
instructing consumers on the subject of the alcoholic beverage
products the licensee is licensed to sell, as specified. The bill
would impose an annual fee for a tasting permit of $250, which would
be deposited in the Alcohol Beverage Control Fund and would be used
only for the purposes of administering these provisions.  
   The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified. 

   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.  
   Existing law establishes certain general operating standards that
are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which is
punishable as a misdemeanor.  
   This bill would impose a state-mandated local program by requiring
that, when feasible, the illumination required on the specified
retail licensed premises be energy efficient, the violation of which
would be a misdemeanor.  
   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 25503.56 is added to the 
 Business and Professions Code   , to read:  
   25503.56.  (a) Notwithstanding any other provision of this
division, the department may issue a tasting permit to an off-sale
general licensee. The tasting permit shall authorize the off-sale
general licensee to designate a portion of the existing licensed
premises for the purposes of instructing consumers on the subject of
the alcoholic beverage products that the licensee is licensed to
sell. The designation of the tasting area shall be made by the
applicant in the application, and instruction under the permit shall
be conducted only in the designated area. The instruction may
include, without limitation, the history, nature, values, and
characteristics of the alcoholic beverage product and the methods of
presenting and serving the product. The tastings shall be limited as
follows:
   (1) A single tasting of distilled spirits shall not exceed
three-fourths of one ounce per person, per day.
   (2) A single tasting of wine shall not exceed three ounces per
person, per day.
   (3) A single tasting of beer shall not exceed six ounces per
person, per day.
   (b) The tasting permit shall not authorize the off-sale general
licensee to conduct any on-sale retail sales to consumers, and no
charge of any sort shall be made for the tastings.
   (c) (1) The department shall enforce all applicable laws and
regulations with regard to tastings to ensure that the tastings are
appropriately controlled and that access to the tastings area by
persons under the legal drinking age is strictly prohibited.
   (2) Within the tasting area, the permitholder shall display a sign
prohibiting the presence of persons under the legal drinking age.
The permitholder shall verify that any person who enters the tasting
area is at least the legal drinking age, and shall not allow a
consumer attending a tasting to leave the tasting area with an
alcoholic beverage product.
   (d) An applicant for a tasting permit under this section shall, at
the time of filing the application for the permit, accompany the
application with a fee of one two hundred fifty dollars ($250). The
annual renewal fee for a permit issued pursuant to this section shall
be two hundred fifty dollars ($250). Fees collected pursuant to this
section shall be deposited in the Alcohol Beverage Control Fund, but
shall be used only for the purposes of administering this section.
   (e) (1) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may instruct consumers at the
tastings area of permitholder that is otherwise authorized to sell
its product, with the permission of the permittee, including, without
limitation, selecting the brands featured at the instruction and the
pouring of tastings for consumers.
   (2) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may provide alcoholic beverages
necessary to conduct an instruction authorized under this section,
and, in such an event, shall remove any unfinished and unopened
containers of alcoholic beverages following the tasting. The
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may purchase alcoholic beverages
used in the instruction from the retail off-sale licensee, provided
the payment does not exceed the retail price of the alcoholic
beverages.
   (3) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
or any representative of those licensees, in advance of an
instruction being held at a retailer's premises, may list in an
advertisement the name, address, and Internet Web site of the
off-sale retailer, the names of the alcoholic beverage brands being
featured at the instruction, and the time, date, and location of, and
other information about, the tasting, provided that both of the
following apply:
   (A) The advertisement does not contain the retail price of the
alcoholic beverages.
   (B) The listing of the retailer's name, address, and Internet Web
site is the only reference to the retailer in the advertisement, and
is relatively inconspicuous in relation to the advertisement as a
whole.
   (4) Notwithstanding its holding of any other license under this
division, a distilled spirits wholesaler or a beer and wine
wholesaler shall not be authorized under this subdivision to publish
any advertisement, nor be required to reimburse any permitholder
under this section, for the costs of its advertisement.
   (f) For purposes of this section, a licensed distilled spirits
wholesaler or beer and wine wholesaler shall not be a representative
of a distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, or beer and wine general
importer. 
   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.  
  SECTION 1.    Section 25612.5 of the Business and
Professions Code is amended to read:
   25612.5.  (a) This section shall apply to licensees other than a
retail on-sale licensee or on-sale beer and wine licensee who is
licensed and operates as a bona fide public eating place, as defined
in Section 23038, 23038.1, or 23038.2, or as a hotel, motel, or
similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a winegrowers license; a licensed beer
manufacturer, as defined in Section 23357; a retail licensee who
concurrently holds an off-sale retail beer and wine license and a
beer manufacturer's license for those same or contiguous premises;
and a retail on-sale licensee or on-sale beer and wine licensee who
is licensed and operates as a bona fide public eating place, as
defined in Section 23038, 23038.1, or 23038.2, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16, a licensed beer manufacturer, as defined in Section
23357, or a winegrowers license, who sells off-sale beer and wine
under the on-sale license on those same or contiguous premises.
   (b) The Legislature finds and declares that it is in the interest
of the public health, safety, and welfare to adopt operating
standards as set forth in this section for specified retail premises
licensed by the department. The standards set forth in this section
are state standards that do not preclude the adoption and
implementation of more stringent local regulations that are otherwise
authorized by law.
   (c) Other than as provided in subdivision (a), each retail
licensee shall comply with all of the following:
   (1) A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place
that is clearly visible to patrons of the licensee. The size, format,
form, placement, and languages of the sign or signs shall be
determined by the department. This paragraph shall apply to a
licensee only upon written notice to the licensee from the
department. The department shall issue this written notice only upon
a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is loitering adjacent to the
premises.
   (2) A prominent, permanent sign or signs stating "NO OPEN
ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" shall be
posted in a place that is clearly visible to patrons of the
licensee. The size, format, form, placement, and languages of the
sign or signs shall be determined by the department. This paragraph
shall apply to a licensee only upon written notice to the licensee
from the department. The department shall issue this written notice
only upon a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is drinking in public adjacent to the
premises.
   (3) No alcoholic beverages shall be consumed on the premises of an
off-sale retail establishment, and no alcoholic beverages shall be
consumed outside the edifice of an on-sale retail establishment.
   (4) The exterior of the premises, including adjacent public
sidewalks and all parking lots under the control of the licensee,
shall be illuminated during all hours of darkness during which the
premises are open for business in a manner so that persons standing
in those areas at night are identifiable by law enforcement
personnel. However, the required illumination shall be placed so as
to minimize interference with the quiet enjoyment of nearby residents
of their property. When feasible, the illumination shall be energy
efficient.
   (5) Litter shall be removed daily from the premises, including
adjacent public sidewalks and all parking lots under the control of
the licensee. These areas shall be swept or cleaned, either
mechanically or manually, on a weekly basis to control debris.
   (6) Graffiti shall be removed from the premises and all parking
lots under the control of the licensee within 72 hours of
application. If the graffiti occurs on a Friday or weekend day, or on
a holiday, the licensee shall remove the graffiti 72 hours following
the beginning of the next weekday.
   (7) No more than 33 percent of the square footage of the windows
and clear doors of an off-sale premises shall bear advertising or
signs of any sort, and all advertising and signage shall be placed
and maintained in a manner that ensures that law enforcement
personnel have a clear and unobstructed view of the interior of the
premises, including the area in which the cash registers are
maintained, from the exterior public sidewalk or entrance to the
premises. However, this latter requirement shall not apply to
premises where there are no windows, or where existing windows are
located at a height that precludes a view of the interior of the
premises to a person standing outside the premises.
   (8) Upon request of the local law enforcement agency in whose
jurisdiction the licensed premises are located or at the discretion
of the department, each public telephone located on off-sale premises
(or located in an adjacent area under the control of the off-sale
licensee) shall be equipped with devices or mechanisms that prevent
persons from calling into that public telephone.
   (9) Every licensed retailer who sells or rents video recordings of
harmful matter, as defined by Section 313 of the Penal Code, shall
create an area within his or her business establishment for the
placement of video recordings of harmful matter and for any material
that advertises the sale or rental of these video recordings. This
area shall be labeled "adults only." The licensed retailer shall make
reasonable efforts to arrange the video recordings in this area in
such a way that minors may not readily access the video recordings or
view the video box covers. The failure to create and label the
"adults only" area is an infraction punishable by a fine of not more
than one hundred dollars ($100). The failure to place a video
recording or advertisement, regardless of its content, in this area
shall not constitute an infraction.
   (10) A copy of the applicable operating standards shall be
available during normal business hours for viewing by the general
public.  
  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.