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

California Assembly Bill 2488 (Prior Session Legislation)

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

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-Amended.html

BILL NUMBER: AB 2488	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2014

   An act to amend Section  24204   23399.4
 of the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, as amended, Levine. Alcoholic beverages: 
licenses: suspension and revocation.   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 also 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.  
   Existing law, the Alcoholic Beverage Control Act, regulates the
application, issuance, and suspension of alcoholic beverage licenses
by the Department of Alcoholic Beverage Control. Existing law
requires the Chief of the Bureau of Food and Drug Inspection to
notify the Department of Alcoholic Beverage Control of the conviction
of any licensee of any violation of the California Pure Foods Act in
connection with alcoholic beverages. Existing law requires the
department to promptly investigate whether grounds exist for
suspension or revocation of the license.  
   This bill would instead require the Director of the State
Department of Public Health to notify the department of the
conviction of any licensees of any violation of the Sherman Food,
Drug, and Cosmetic Law in connection with alcoholic beverages.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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  licensee under a winegrower's license
  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
 produced and bottled by the winegrower entirely from grapes
grown by the winegrower  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.  
   (b) 
    (   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 an authorized licensee or its designated
representative in connection with an instructional tasting event
conducted pursuant to this section that includes tastings of wine.
 
   (c) 
    (f)  The fee for any permit issued pursuant to this
section shall be  forty-four dollars ($44) for permits issued
during the 2002 calendar year, forty-seven dollars ($47) for permits
issued during the 2003 calendar year, fifty dollars ($50) for
permits issued during the 2004 calendar year, and for permits issued
during the years thereafter, the annual fee shall be calculated
pursuant to subdivisions (c) and (d) of Section 23320  
fifty dollars ($50), subject to adjustment pursuant to subdivisions
(b) and (c) of Section 23320  . 
   (d) 
    (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.  
  SECTION 1.    Section 24204 of the Business and
Professions Code is amended to read:
   24204.  The Director of the State Department of Public Health
shall immediately notify the department of the conviction of any
licensee of any violation of the Sherman Food, Drug, and Cosmetic Law
in connection with alcoholic beverages. The department shall
promptly cause an investigation to be made as to whether grounds
exist for suspension or revocation of the license of such licensee.