Bill Text: CA AB1895 | 2013-2014 | Regular Session | Amended

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Bill Title: Gambling Control Act: nonprofit organization fundraisers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-26 - Re-referred to Com. on G.O. [AB1895 Detail]

Download: California-2013-AB1895-Amended.html

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BILL NUMBER: AB 1895	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 25, 2014

INTRODUCED BY   Assembly Member  Quirk   Bonta


                        FEBRUARY 19, 2014

   An act to  add Section 23363.4 to the Business and
Professions Code, relating to alcoholic beverages.  
amend Section 19985 of the Business and Professions Code, relating to
gambling. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1895, as amended,  Quirk   Bonta  .
 Alcoholic beverages: sales: distilled spirits. 
 Gambling Control Act: nonprofit organization fundraisers. 

   The Gambling Control Act provides for the licensure and regulation
of various legalized gambling activities and establishments by the
California Gambling Control Commission and the investigation and
enforcement of those activities and establishments by the Department
of Justice. Existing law authorizes a nonprofit organization to
conduct fundraisers using controlled games as a funding mechanism to
further the purposes and missions of the nonprofit organization.
Under existing law, the Legislature finds and declares that nonprofit
organizations provide important and necessary services to the people
of the State of California, and there is a need to provide methods
of fundraising to nonprofit organizations.  
   This bill would make technical, nonsubstantive changes to that
provision.  
   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. The act provides that a
violation of its provisions is a misdemeanor, unless otherwise
specified.  
   This bill would authorize distilled spirits manufacturers to sell
general merchandise and food, nonalcoholic beverages, and distilled
spirits to consumers directly, as provided. Because the violation of
a provision of a license is punishable as a misdemeanor, the bill
expands the definition of an existing crime, thereby creating 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 19985 of the  
Business and Professions Code  is amended to read: 
   19985.  The Legislature finds and declares  all of  the
following:
   (a) Nonprofit organizations provide important and necessary
services to the people of the State of California with respect to
educational and social  services   services,
 and there is a need to provide methods of fundraising to
nonprofit organizations so as to enable them to meet their stated
purposes.
   (b) The playing of controlled games for the purpose of raising
funds by nonprofit organizations is in the public interest.
   (c) Uniform regulation for the conduct of controlled games is in
the best interests of nonprofit organizations and the people of this
state. 
  SECTION 1.    Section 23363.4 is added to the
Business and Professions Code, to read:
   23363.4.  (a) A distilled spirits manufacturer, notwithstanding
any other provisions of this division, may also sell general
merchandise and food, nonalcoholic beverages, and distilled spirits
to consumers for consumption on or off the licensed premises where
sold.
   (b) The Legislature finds that it is necessary and proper to
require a separation between manufacturing interests, wholesale
interests, and retail interests in the production and distribution of
alcoholic beverages in order to prevent suppliers from dominating
local markets through vertical integration and to prevent excessive
sales of alcoholic beverages produced by overly aggressive marketing
techniques. The Legislature further finds that the exception
established by this section to the general prohibition against tied
interests shall be limited to its express terms so as not to
undermine the general prohibition, and intends that this section be
construed accordingly.  
  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.