Bill Text: CA AB1470 | 2009-2010 | Regular Session | Chaptered
Bill Title: Alcoholic beverage licensees.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 535, Statutes of 2009. [AB1470 Detail]
Download: California-2009-AB1470-Chaptered.html
BILL NUMBER: AB 1470 CHAPTERED
BILL TEXT
CHAPTER 535
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 9, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE AUGUST 19, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Evans
(Principal coauthor: Senator Wiggins)
(Coauthors: Assembly Members Chesbro and Huber)
FEBRUARY 27, 2009
An act to amend Sections 23390 and 23396.5 of the Business and
Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1470, Evans. Alcoholic beverage licensees.
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. Under existing law, a
licensed winegrower that is exercising specified privileges may allow
a person who has purchased and partially consumed a bottle of wine
to remove that bottle from the premises upon departure. Existing law
also authorizes a licensed winegrower to, among other things, sell
wine and brandy for consumption to consumers for on-premises
consumption at branch offices or warehouses or United States bonded
wine cellars located away from his or her place of production or
manufacture. 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 also authorize an on-sale beer and wine public
premises licensee and a licensed winegrower who exercises his or her
license privileges at specified locations to allow a person who has
purchased and partially consumed a bottle of wine to remove the
partially consumed bottle from the premises upon departure. This bill
would, additionally, remove the prohibition against licensed
winegrowers or brandy manufacturers selling wine for consumption on
the premises of a branch office. This bill would also remove the
requirement that the Department of Alcoholic Beverage Control issue a
duplicate license for a winegrower or brandy manufacturer for
locations other than his or her wine production or brandy manufacture
premises, and would instead provide that the department may issue
the duplicate license.
The Alcoholic Beverage Control 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 expand
existing crimes by imposing additional requirements on a licensee
under the act, thus, the 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.
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) 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.
(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.
SEC. 2. Section 23396.5 of the Business and Professions Code is
amended to read:
23396.5. Notwithstanding any other law, any on-sale licensee that
maintains a bona fide eating place in conjunction with such license,
any on-sale beer and wine public premises licensee, or any
winegrower that is exercising a privilege pursuant to Section 23358
or 23390 may allow any person who has purchased and partially
consumed a bottle of wine to remove the partially consumed bottle
from the premises upon departure.
SEC. 3. 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.
