Bill Text: CA AB1282 | 2009-2010 | Regular Session | Chaptered
Bill Title: Alcoholic beverages.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 521, Statutes of 2009. [AB1282 Detail]
Download: California-2009-AB1282-Chaptered.html
BILL NUMBER: AB 1282 CHAPTERED
BILL TEXT
CHAPTER 521
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 31, 2009
PASSED THE ASSEMBLY SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 6, 2009
AMENDED IN SENATE JUNE 30, 2009
INTRODUCED BY Assembly Member Hall
(Principal coauthor: Assembly Member Anderson)
(Coauthor: Senator Florez)
FEBRUARY 27, 2009
An act to amend Section 25600 of the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1282, Hall. Alcoholic beverages.
The Alcoholic Beverage Control Act prohibits any licensee from
giving a premium, gift, or free goods in connection with the sale and
distribution of any alcoholic beverage, except as provided.
This bill would provide that, with regard to beer, a beer
manufacturer, as defined, may give consumer advertising specialties
to the general public that do not exceed $3 per unit original cost to
the beer manufacturer who purchased it. This bill would prohibit a
beer manufacturer from requiring a beer wholesaler to fund the
purchase of these consumer advertising specialties.
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 25600 of the Business and Professions Code is
amended to read:
25600. (a) (1) No licensee shall, directly or indirectly, give
any premium, gift, or free goods in connection with the sale or
distribution of any alcoholic beverage, except as provided by rules
that shall be adopted by the department to implement this section or
as authorized by this division.
(2) (A) Notwithstanding paragraph (1), for purposes of this
section, a refund to, or exchange of products for, a dissatisfied
consumer by a licensee authorized to sell to consumers shall not be
deemed a premium, gift, or free goods given in connection with the
sale or distribution of an alcoholic beverage.
(B) A winegrower may advertise or otherwise offer consumers a
guarantee of product satisfaction only in newsletters or other
publications of the winegrower or at the winegrower's premises. A
winegrower may refund to a dissatisfied consumer the entire purchase
price of wine produced by that winegrower and sold to that consumer,
regardless of where the wine was purchased.
(b) (1) Except as provided in paragraph (2), no rule of the
department may permit a licensee to give any premium, gift, or free
goods of greater than inconsequential value in connection with the
sale or distribution of beer. With respect to beer, premiums, gifts,
or free goods, including advertising specialties that have no
significant utilitarian value other than advertising, shall be deemed
to have greater than inconsequential value if they cost more than
twenty-five cents ($0.25) per unit, or cost more than fifteen dollars
($15) in the aggregate for all those items given by a single
supplier to a single retail premises per calendar year.
(2) (A) No rule of the department may impose a dollar limit for
consumer advertising specialties furnished by a beer manufacturer to
the general public other than three dollars ($3) per unit original
cost to the beer manufacturer who purchased it.
(B) With respect to beer, a beer manufacturer may give consumer
advertising specialties to the general public that do not exceed
three dollars ($3) per unit original cost to the beer manufacturer
who purchased it. For purposes of this paragraph, "beer manufacturer"
includes a holder of a beer manufacturer's license, a holder of an
out-of-state beer manufacturer's certificate, an out-of-state vendor
that holds a certificate of compliance, or a holder of a beer and
wine importer's general license. A licensee authorized to give
consumer advertising specialties pursuant to this paragraph shall not
be precluded from doing so on the basis of holding any other type of
alcoholic beverage license.
(C) A beer manufacturer, as defined in subparagraph (B) of
paragraph (2) shall not require a beer wholesaler to fund the
purchase of consumer advertising specialties that beer manufacturers
are permitted to give under paragraph (2).
(D) Consumer advertising specialties furnished by a beer
manufacturer are intended only for adults of legal drinking age. Coin
banks, toys, balloons, magic tricks, miniature bottles or cans,
confections, dolls, or other items that appeal to minors or underage
drinkers may not be used in connection with the merchandising of
beer.
(c) With respect to distilled spirits and wines, a licensee may
furnish, give, rent, loan, or sell advertising specialties to a
retailer, provided those items bear conspicuous advertising required
of a sign and the total value of all retailer advertising specialties
furnished by a supplier, directly or indirectly, to a retailer do
not exceed fifty dollars ($50) per brand in any one calendar year per
retail premises. The value of a retailer advertising specialty is
the actual cost of that item to the supplier who initially purchased
it, excluding transportation and installation costs. The furnishing
or giving of any retailer advertising specialty shall not be
conditioned upon the purchase of the supplier's product. Retail
advertising specialties given or furnished free of charge may not be
sold by the retail licensee. No rule of the department may impose a
dollar limit for consumer advertising specialties furnished by a
distilled spirits supplier to a retailer or to the general public of
less than five dollars ($5) per unit original cost to the supplier
who purchased it.
SEC. 2. 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:
Due to the economic recession, and the importance beer
manufacturers are to California's economy, it is vital for beer
manufacturers to be able to promote their products and for this act
to take effect immediately.
