Bill Text: CA AB1356 | 2011-2012 | Regular Session | Amended

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Bill Title: Alcoholic beverage licensees: winegrower: brandy

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1356 Detail]

Download: California-2011-AB1356-Amended.html

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BILL NUMBER: AB 1356	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 18, 2011

   An act to amend Section 23390 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1356, as amended, Eng. Alcoholic beverage licensees:
winegrower: brandy manufacturer: duplicate licenses.
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control and requires the Department
of Alcoholic Beverage Control to deny the issuance of a license if
that issuance would result in or add to an undue concentration of
licenses, subject to specified exceptions. Existing law also requires
the Department of Alcoholic Beverage Control to issue a duplicate
license to a winegrower or brandy manufacturer for locations other
than his or her wine production or brandy manufacture premises.
   This bill would  require the department to deny the
issuance of duplicate license to a winegrower or brandy manufacturer
if issuance of that license would result in or add to an undue
concentration of licenses, except as provided   provide
that where   wine by the glass will be sold on the premises
of a duplicate license that is located in an area of undue
concentration, as defined, the request for the duplicate license is
subject to specified provisions before it may be issued by the
Department of Alcoholic Beverage Control  .
   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 23390 of the Business and Professions Code is
amended to read:
   23390.  (a) A licensed winegrower or brandy manufacturer, in
addition to exercising all the privileges of his or her license at
his or her licensed premises, may exercise all his or her license
privileges at or from branch offices or warehouses, or United States
bonded wine cellars located away from his or her place of production
or manufacture, other than the following privileges:
   (1) Production or manufacture.
   (2) The sale of wine or brandy to consumers for consumption on the
premises in a bona fide eating place.
   (3) The sale or delivery of wine to consumers in containers
supplied, furnished, or sold by the consumer.
   (b) (1)  The   Except as provided in
paragraph (2), the  department may issue to a winegrower or
brandy manufacturer a duplicate of his or her original license for a
location or locations other than his or her wine production or brandy
manufacture premises. The duplicate license authorizes the
maintenance and operation of each branch or warehouse or United
States bonded wine cellar declared and designated by the winegrower
or brandy manufacturer at the location for which the duplicate
license is issued. The fee for each duplicate winegrower's license
and for each duplicate brandy manufacturer's license is as specified
in Section 23320. 
   (2) The department shall deny an application for a duplicate
license if the issuance of that license would result in or add to an
undue concentration of licenses, except as provided in Section
23958.4.  
   (2) If a winegrower requests a duplicate license for premises
located in an area of undue concentration of licenses as defined in
paragraph (1) of subdivision (a) of Section 23958.4, upon whose
premises wine will be sold by the glass, the request for the
duplicate license shall be subject to paragraph (2) of subdivision
(b) of Section 23958.4. Notwithstanding Section 23987, a notice of
the request for a duplicate license subject to this provision may be
made via e-mail or fax. 
   (c) Notwithstanding any other provision of law, the department may
allow any person who held more than one original winegrower's
license, on or before January 1, 1981, to transfer any duplicate
license which has been issued, on or before January 1, 1981, on any
of the original winegrower's licenses to any other original
winegrower's license held by that person, on or before January 1,
1981, provided that the licensee cancels the original winegrower's
license from which any duplicate license is transferred. This
subdivision shall not authorize any person to acquire any additional
duplicate licenses other than those held by that licensee on or
before January 1, 1981.