Bill Text: CA SB683 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Alcoholic beverage licenses: nonprofit sales license.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-24 - Chaptered by Secretary of State. Chapter 584, Statutes of 2016. [SB683 Detail]

Download: California-2015-SB683-Amended.html

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BILL NUMBER: SB 683	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 14, 2016
	AMENDED IN ASSEMBLY  APRIL 20, 2016
	AMENDED IN ASSEMBLY  JANUARY 5, 2016
	AMENDED IN ASSEMBLY  JUNE 11, 2015

INTRODUCED BY   Senator Wolk
    (   Principal coauthor:   Assembly Member
  Dodd   ) 

                        FEBRUARY 27, 2015

   An act to add Section 23786 to the Business and Professions Code,
relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 683, as amended, Wolk. Alcoholic beverage licenses: nonprofit
sales license.
   Existing law, the Alcoholic Beverage Control Act, regulates the
application for, the issuance of, the suspension of, and the
conditions imposed upon, various alcoholic beverage licenses pursuant
to which the licensees may exercise specified privileges in the
state. Existing law authorizes the specified licenses to nonprofit
organizations, as provided. Existing law also provides for various
annual fees for the issuance of alcoholic beverage licenses depending
upon the type of license issued.
   This bill would authorize the Department of Alcoholic Beverage
Control to issue a special nonprofit sales license to a nonprofit
mutual benefit corporation, as described, that would authorize the
licensee to, among other things, accept the transfer of, and take
title to,  alcoholic beverages   up to 20,000
gallons of wine per year  produced by the public university, as
described, and sell  transferred, donated, and bequeathed
alcoholic beverages   transferred wine  to
consumers and licensees, as provided. The bill would impose an
original fee and an annual renewal fee for the license, which would
be deposited in the Alcohol Beverage Control Fund.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for a county of the 28th class.
   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 23786 is added to the Business and Professions
Code, to read:
   23786.  (a) The department may issue a special nonprofit sales
license to a nonprofit mutual benefit corporation, as described in
Section 23701a of the Revenue and Taxation Code, that has a board
membership composed of the Dean of the College of Agricultural and
Environmental Sciences, or his or her designee, the Chair of the
Department of Viticulture and Enology, or his or her designee, and
the Chair of the Department of Food Science and Technology, or his or
her designee, of the public university located within the county of
the 28th class that includes courses in  viticulture,
enology, brewing, and distilling   viticulture and
enology  in its curriculum.
   (b) A special nonprofit sales license authorizes the licensee to
do all of the following:
   (1) Accept the transfer of, and take title to,  alcoholic
beverages   up to 20,000 gallons of wine per year 
produced by the public university described in subdivision (a),
notwithstanding that the public university does not hold any license
issued pursuant to this division. For purposes of this section,
"produced" includes  alcoholic beverages   wine
 donated to, or purchased by, the public university for
educational or experimental purposes and that are thereafter treated
or processed by the public university. 
   (2) Accept donations or bequests of bottled alcoholic beverages
from any unlicensed person.  
   (3) 
    (2)  Sell  alcoholic beverages  
wine  received pursuant to  paragraphs (1) and (2)
  paragraph (1)  to consumers for consumption off
the licensed premises or to other licensees authorized to sell
 the alcoholic beverages sold. A bottle of an alcoholic
beverage sold by the licensee shall have a permanently affixed label
stating that the alcoholic beverage was donated or bequeathed to the
licensee by an unlicensed person or was received from a public
university.   wine.  
   (4) 
    (3)  Accept donations of services and products,
excluding  alcoholic beverages,   wine,
promotion, and advertising,  from any licensee. The donating
licensee may donate services and products notwithstanding any other
provision of this division. 
   (5) 
    (4)  Give licensees samples of the  alcoholic
beverages   wine  it sells, subject to the
limitations in subdivision (a) of Section 23386 and any department
regulations.
   (c) The special nonprofit sales license does not authorize the
licensee to purchase or otherwise obtain  alcoholic beverages
 wine  from a licensee or other manufacturer or
seller of  alcoholic beverages,   wine, 
except as specified in this section. 
   (d) (1) An unlicensed person may donate or bequeath alcoholic
beverages to a special nonprofit sales licensee.  
   (2) 
    (d)  A public university, as described in subdivision
(a), may transfer  alcoholic beverages   wine
 produced by the public university to a special nonprofit sales
licensee.
   (e) The original fee for the special nonprofit sales license shall
be five hundred dollars ($500) and the annual renewal fee shall be
one hundred dollars ($100). The original and annual renewal fee may
be adjusted pursuant to subdivisions (b) and (c) of Section 23320.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique conditions in a county of the 28th class.