Bill Text: CA AB1928 | 2013-2014 | Regular Session | Chaptered
Bill Title: Alcoholic beverages: coupons: beer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-18 - Chaptered by Secretary of State - Chapter 145, Statutes of 2014. [AB1928 Detail]
Download: California-2013-AB1928-Chaptered.html
BILL NUMBER: AB 1928 CHAPTERED
BILL TEXT
CHAPTER 145
FILED WITH SECRETARY OF STATE JULY 18, 2014
APPROVED BY GOVERNOR JULY 18, 2014
PASSED THE SENATE JUNE 30, 2014
PASSED THE ASSEMBLY JULY 3, 2014
AMENDED IN SENATE JUNE 23, 2014
AMENDED IN SENATE JUNE 4, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 26, 2014
INTRODUCED BY Assembly Member Bocanegra
FEBRUARY 19, 2014
An act to add Section 25600.3 to the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1928, Bocanegra. Alcoholic beverages: coupons: beer.
(1) The Alcoholic Beverage Control Act prohibits any licensee from
giving any premium, gift, or free goods in connection with the sale
or distribution of any alcoholic beverage, except as specifically
authorized. The act provides that a violation of any of its
provisions for which another penalty or punishment is not
specifically provided is a misdemeanor.
This bill would prohibit a beer manufacturer or a beer wholesaler
from offering, funding, producing, sponsoring, promoting, furnishing,
or redeeming any type of coupon. The bill would also prohibit a
licensee authorized to sell alcoholic beverages at retail from
accepting, redeeming, possessing, or utilizing any type of coupon
that is funded, produced, sponsored, promoted, or furnished by a beer
manufacturer or beer wholesaler. The bill would define beer
manufacturer and coupon for these purposes and would except from the
definition of coupon certain rebates, coupons, and discounts. By
expanding the definition of a crime by imposing additional duties on
a licensee under the act, the bill would impose a state-mandated
local program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25600.3 is added to the Business and
Professions Code, to read:
25600.3. (a) A beer manufacturer or a beer wholesaler shall not
offer, fund, produce, sponsor, promote, furnish, or redeem any type
of coupon.
(b) A licensee authorized to sell alcoholic beverages at retail
shall not accept, redeem, possess, or utilize any type of coupon that
is funded, produced, sponsored, promoted, or furnished by a beer
manufacturer or beer wholesaler.
(c) For purposes of this section:
(1) "Beer manufacturer" means a holder of a beer manufacturer's
license, a holder of an out-of-state beer manufacturer's certificate,
a holder of a beer and wine importer's general license when selling
beer, malt beverages, cider, or perry, or a winegrower that is a
wholly owned subsidiary of a beer manufacturer.
(2) "Beer wholesaler" means a holder of a beer and wine wholesaler
license when selling beer, malt beverages, cider, or perry.
(3) "Cider" has the same meaning set forth in Section 4.21(e)(5)
of the Code of Federal Regulations.
(4) "Coupon" means any method by which a consumer receives an
instant discount at the time of a purchase that is funded, produced,
sponsored, promoted, or furnished, either directly or indirectly, by
a beer manufacturer or beer and wine wholesaler, including, but not
limited to, a paper coupon, a digital coupon, an instant redeemable
coupon (IRC), or an electronic coupon commonly referred to as a scan
or scanback. "Coupon" does not include:
(A) A mail-in rebate by which the consumer purchases an item and
submits required information in order to receive a rebate or discount
from the beer manufacturer.
(B) A coupon that is offered and funded by a distilled spirits
manufacturer, distilled spirits importer general, distilled spirits
importer, or distilled spirits wholesaler that offers a discount on
the purchase of a distilled spirits product if beer, malt beverages,
cider, or perry are not advertised in connection with the coupon.
(C) A coupon offered and funded by a winegrower, a wine rectifier,
a wine blender, a beer and wine wholesaler, a beer and wine
importer, a wine importer general, or a wine broker that offers a
discount on the purchase of a wine product if beer, malt beverages,
cider, or perry are not advertised in connection with the coupon.
(D) A discount that is offered and funded by a beer manufacturer
on the purchase of beer, malt beverages, cider, or perry at the
licensed premises of production or other licensed premises owned and
operated by the beer manufacturer.
(5) "Perry" has the same meaning set forth in Section 4.21(e)(5)
of the Code of Federal Regulations.
(6) "Wine wholesaler" means a holder of a beer and wine wholesaler
license when selling wine.
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.
