Bill Text: CA AB2488 | 2013-2014 | Regular Session | Chaptered


Bill Title: Alcoholic beverages: certified farmers' market sales permit.

Spectrum: Slight Partisan Bill (Democrat 13-6)

Status: (Passed) 2014-07-08 - Chaptered by Secretary of State - Chapter 98, Statutes of 2014. [AB2488 Detail]

Download: California-2013-AB2488-Chaptered.html
BILL NUMBER: AB 2488	CHAPTERED
	BILL TEXT

	CHAPTER  98
	FILED WITH SECRETARY OF STATE  JULY 8, 2014
	APPROVED BY GOVERNOR  JULY 8, 2014
	PASSED THE SENATE  JUNE 26, 2014
	PASSED THE ASSEMBLY  MAY 8, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 2, 2014

INTRODUCED BY   Assembly Member Levine
   (Coauthors: Assembly Members Achadjian, Bigelow, Campos, Chesbro,
Cooley, Dababneh, Gray, Hall, Roger Hernández, Jones, Jones-Sawyer,
Medina, Nestande, Perea, V. Manuel Pérez, Salas, Waldron, and Wilk)

                        FEBRUARY 21, 2014

   An act to amend Section 23399.4 of the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, Levine. Alcoholic beverages: certified farmers' market
sales permit.
   The Alcoholic Beverage Control Act permits the Department of
Alcoholic Beverage Control to issue special temporary licenses and
permits to various entities for limited purposes. The act permits the
department to issue a certified farmers' market sales permit that
authorizes a licensee under a winegrower's license, a member of the
licensee's family, or an employee of the licensee to sell wine
produced and bottled by the winegrower at certified farmers' market
locations, under specified conditions. The act provides that a
violation of its provisions is a misdemeanor, unless otherwise
specified.
    This bill would specify that, pursuant to the certified farmers'
market sales permit, the licensee may only sell wine that is produced
entirely from grapes or other agricultural products grown by the
winegrower and that is bottled by the winegrower. This bill would
require the certified farmers' market sales permit to authorize the
licensee, a member of the licensee's family, or an employee of the
licensee to conduct an instructional tasting event on the subject of
wine at a certified farmers' market, subject to certain conditions.
   By expanding the definition of an existing crime, this bill would
impose a state-mandated local program.
   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.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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

  SECTION 1.  Section 23399.4 of the Business and Professions Code is
amended to read:
   23399.4.  (a) A licensed winegrower may apply to the department
for a certified farmers' market sales permit. A certified farmers'
market sales permit shall authorize the licensee, a member of the
licensee's family, or an employee of the licensee to sell wine at a
certified farmers' market at any place in the state approved by the
department. The licensee may only sell wine that is produced entirely
from grapes or other agricultural products grown by the winegrower
and that is bottled by the winegrower. In addition, the permit will
allow an instructional tasting event by the licensee on the subject
of wine at a certified farmers' market. The permit may be issued for
up to 12 months but shall not be valid for more than one day a week
at any single specified certified farmers' market location. A
winegrower may hold more than one certified farmers' market sales
permit. The department shall notify the city, county, or city and
county and applicable law enforcement agency where the certified
farmers' market is to be held of the issuance of the permit. A
"certified farmers' market" means a location operated in accordance
with Chapter 10.5 (commencing with Section 47000) of Division 17 of
the Food and Agricultural Code, and the regulations adopted pursuant
thereto.
   (b) (1) An instructional tasting event is subject to the
authorization and managerial control of the operator of the certified
farmers' market. The licensee, a member of the licensee's family, or
an employee of the licensee may conduct an instructional tasting
event for consumers on the subject of wine at a certified farmers'
market.
   (2) (A) At all times during an instructional tasting event, the
instructional tasting event area shall be separated from the
remainder of the market by a wall, rope, cable, cord, chain, fence,
or other permanent or temporary barrier. Only one licensee may
conduct an instructional tasting event during the operational hours
of any one certified farmers' market.
   (B) The licensee shall not permit any consumer to leave the
instructional tasting area with an open container of wine.
   (c) The licensee shall not pour more than three ounces of wine per
person per day.
   (d) The licensed winegrower eligible for the certified farmers'
market sales permit shall not sell more than 5,000 gallons of wine
annually pursuant to all certified farmers' market sales permits held
by any single winegrower. The licensed winegrower shall report total
certified farmers' market wine sales to the department on an annual
basis. The report may be included within the annual report of
production submitted to the department, or pursuant to any regulation
as may be prescribed by the department.
   (e) Except as otherwise provided in this division or by the rules
of the department, no premium, gift, free goods, or other thing of
value shall be given away by the licensee, a member of the licensee's
family, or an employee of the licensee in connection with an
instructional tasting event conducted pursuant to this section that
includes tastings of wine.
   (f) The fee for any permit issued pursuant to this section shall
be fifty dollars ($50), subject to adjustment pursuant to
subdivisions (b) and (c) of Section 23320.
   (g) All money collected as fees pursuant to this section shall be
deposited in the Alcohol Beverage Control Fund as provided in Section
25761.
  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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to help certified farmers' market sales during the
current season, it is necessary that this act take effect
immediately.
              
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