Bill Text: CA AB1470 | 2009-2010 | Regular Session | Amended

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

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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-Amended.html

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BILL NUMBER: AB 1470	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section  23399.3   23396.5
 of the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1470, as amended, Evans. Alcoholic beverage licensees: 
hospitals.   winegrowers. 
   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,
 the department may issue an on-sale special beer and wine
license for hospitals, convalescent homes, and rest homes, which
authorizes the sale or service of beer and wine in those areas under
specified circumstances   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  .
   This bill would  remove the reference to "rest homes" and
instead refer to "senior care facilities."   restrict
the authorization of licensed winegrowers to allow a person who has
purchased and partially consumed a bottle of wine to remove that
bottle from the premises to those licensed winegrowers exercising the
privilege of selling wine to consumers for consumption on the
premises. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 23396.5 of the  
Business and Professions Code   is amended to read: 
   23396.5.  Notwithstanding any other  provision 
of law, any on-sale licensee, which maintains a bona fide eating
place in conjunction with such license, or any winegrower that is
exercising a privilege pursuant to  paragraph (3) of subdivision
(a) of  Section 23358, may allow any person who has purchased
and partially consumed a bottle of wine to remove  such
  the  partially consumed bottle from the premises
upon departure. 
  SECTION 1.    Section 23399.3 of the Business and
Professions Code is amended to read:
   23399.3.  (a) An on-sale special beer and wine license for
hospitals, convalescent homes, and senior care facilities, authorizes
the sale or service of beer and wine purchased from a licensed
winegrower or beer and wine wholesaler only to patients or residents
of the licensed hospital, convalescent home, or senior care facility.
Such a license shall not be transferable from person to person and
no off-sale privileges shall be exercised under such a license.
Nothing in this section shall be construed to require a license for
the service of beer and wine purchased at retail.
   (b) As used in this section, "senior care facility" includes an
apartment building, whether licensed or unlicensed, which rents
exclusively to persons age 62 and older, and provides one to three
meals daily for tenants.