Bill Text: CA AB1928 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Alcoholic beverages: coupons: beer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-18 - Chaptered by Secretary of State - Chapter 145, Statutes of 2014. [AB1928 Detail]

Download: California-2013-AB1928-Amended.html

---

BILL NUMBER: AB 1928	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2014

INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 19, 2014

   An act to add Section 25600.3 to Business and Professions Code,
relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1928, as amended, Bocanegra. Alcoholic beverages: coupons:
beer.
   (1) The Alcoholic Beverage Control Act prohibits any licensee from
giving any premium, gift, or free goods in connection with the sale
or distribution of any alcoholic beverage, except as specifically
authorized. The 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 prohibit  a beer manufacturer or a beer and
wine wholesaler from offering, funding, producing, sponsoring,
promoting, furnishing, or redeeming any type of coupon. The bill
would also prohibit  a licensee authorized to sell alcoholic
beverages at retail from accepting, redeeming, possessing, or
utilizing any type of coupon that is funded, produced, sponsored,
promoted, or furnished by a beer manufacturer or beer and wine
wholesaler. The bill would  provide a definition of 
 define beer manufacturer and  coupon for these purposes.
By expanding the definition of a crime by imposing additional duties
on a licensee under the act, the bill would impose a state-mandated
local program.
   (2) 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 25600.3 is added to the Business and
Professions Code, to read:
   25600.3.  (a) A  licensee   beer manufacturer
or a beer and wine wholesaler shall not offer, fund, produce,
sponsor, promote, furnish, or redeem any type of coupon. 
    (b)     A licensee  authorized to sell
alcoholic beverages at retail shall not accept, redeem, possess, or
utilize any type of coupon that is funded, produced, sponsored,
promoted, or furnished by a beer manufacturer or beer and wine
wholesaler. 
   (b) 
    (c)  For purposes of this section: 
   (1) "Beer manufacturer" means a holder of a beer manufacturer's
license, a holder of an out-of-state beer manufacturer's certificate,
a holder of a beer and wine importer's general license when selling
beer, malt beverages, cider, or perry, or a winegrower that is a
wholly owned subsidiary of a beer manufacturer.  
   (2) "Cider" has the same meaning set forth in Section 4.21(e)(5)
of the Code of Federal Regulations.  
   (1) 
    (3)  "Coupon" means any method by which a consumer
receives an instant discount at the time of a purchase that is
funded, produced, sponsored, promoted, or furnished, either directly
or indirectly, by a beer manufacturer or beer and wine wholesaler,
including, but not limited to, a paper coupon, a digital coupon, an
instant redeemable coupon (IRC), or an electronic coupon commonly
referred to as a scan or scanback. "Coupon" does not include:
   (A) A mail-in rebate by which the consumer purchases an item and
submits required information in order to receive a rebate or discount
from the beer  manufacturer, or the beer and wine
wholesaler, or its agent   manufacturer  .
   (B) A coupon that is offered and funded by a distilled spirits
manufacturer, distilled spirits importer general, distilled spirits
importer, or distilled spirits wholesaler that offers a discount on
the purchase of a distilled spirits product if  beer or malt
beverages   beer, malt beverages, cider, or perry 
are not advertised in connection with the coupon.
   (C) A coupon offered and funded by a winegrower, a wine rectifier,
a wine blender, a beer and wine importer, a beer and wine importer
general, or a wine broker that offers a discount on the purchase of a
wine product if  beer or malt beverages is  
beer, malt beverages, cider, or perry are  not advertised in
connection with the coupon. 
   (2) "Beer manufacturer" means a holder of a beer manufacturer's
license, a holder of a small 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, a holder of a beer and
wine importer's license who sells beer to any person holding a
license authorizing the sale of beer, a holder of a beer and wine
importer's general license who sells beer to any person holding a
license authorizing the sale of beer, or a winegrower that is a
wholly owned subsidiary of a beer manufacturer.  
   (4) "Perry" has the same meaning set forth in Section 4.21(e)(5)
of the Code of Federal Regulations. 
  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.