Bill Text: CA AB1971 | 2015-2016 | Regular Session | Amended
Bill Title: Alcoholic beverages.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2016-11-30 - Died on Senate inactive file. [AB1971 Detail]
Download: California-2015-AB1971-Amended.html
BILL NUMBER: AB 1971 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 20, 2016
INTRODUCED BY Assembly Member Cooper
FEBRUARY 16, 2016
An act to add Section 25503.61 to amend
Sections 23083, 23399.65, and 24310 of, and to add Sections 24301 and
25503.61 to, the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1971, as amended, Cooper. Alcoholic beverages:
tied-house restrictions: advertising. beverages.
(1) The Alcoholic Beverage Control Act (act) authorizes the
Department of Alcoholic Beverage Control (department) to conduct
administrative hearings for, among other things, violations of the
act by a licensee. Existing law allows a licensee to appeal specified
decisions to the Alcoholic Beverage Control Appeals Board,
authorizes a person to request a transcript of a hearing from the
department for a case on appeal, and allows a party to an appeal to
request the right to appear before the board for argument.
This bill would require an audio record to be kept as the official
record of any administrative hearing conducted by the department,
would require the department to provide an audio recording, when one
has been made, of a hearing to the Alcoholic Beverage Control Appeals
Board and each party in lieu of a transcript for a case on appeal,
and would require an audio record to be kept of an argument before
the board. The bill would prohibit the department from making the
official record of any administrative hearing by videographic
recording and would provide that this type of recording is
inadmissible in any proceeding before the board.
(2) The act authorizes a licensee under an on-sale general license
or an on-sale beer and wine license to apply to the department for
an event permit that allows the sale of alcoholic beverages under
that license for consumption on property adjacent to the licensed
premises and owned or under the control of the licensee. The act also
authorizes a licensed beer manufacturer to apply to the department
for a brewery event permit that allows the sale of beer produced by
that beer manufacturer for consumption on property contiguous and
adjacent to the licensed premises of the manufacturer. Under the act,
the fee for an event permit issued to an on-sale general licensee or
an on-sale beer and wine licensee is $110 for permits issued during
the 2004 calendar year and indexed for inflation thereafter, and the
fee for a brewery event permit issued during the 2017 calendar year
is $110 and indexed for inflation thereafter, as specified. Under the
act, these and other fees collected pursuant to the act are
deposited in the Alcohol Beverage Control Fund and are generally
allocated to the department upon appropriation by the Legislature.
This bill would revise the fee for a brewery event permit to be
identical to the fee for an event permit issued to an on-sale general
licensee or an on-sale beer and wine licensee, as described above.
Existing law
(3) The act authorizes the holder
of a winegrower's license, a beer manufacturer, a distilled spirits
manufacturer, or a distilled spirits manufacturer's agent, to
purchase advertising space and time from, or on behalf of, an on-sale
retail licensee, under certain conditions, if the on-sale retail
licensee is the owner, manager, agent of the owner, assignee of the
owner's advertising rights, or major tenant of facilities meeting
specified criteria, including, including
location in a specified city, county, or university campus.
This bill would, in a addition, allow a beer
manufacturer, the holder of a winegrowers
winegrower's license, a rectifier, a distilled spirits
manufacturer, or distilled spirits manufacturer's agent to purchase
advertising time and space from, or on behalf of, an on-sale retail
licensee if the licensee is the owner, manager, agent of the owner,
assignee of the owner's advertising rights, or major tenant of
stadiums and arenas subject to specified conditions, including that
the advertising time and space is purchased only in connection with
events to be held on the premises of those stadiums or
arenas, but without specifying the location of the facility.
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 23083 of the
Business and Professions Code is amended to read:
23083. (a) The board shall determine the appeal upon the record
of the department and upon any briefs which may be filed by the
parties. If any party to the appeal requests the right to appear
before the board, the board shall fix a time and place for argument.
A record of the argument shall be kept by audio recording.
The board shall not receive any evidence other than that contained
in the record of the proceedings of the department.
(b) Notwithstanding Section 11425.10 of the Government Code,
Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3
of Title 2 of the Government Code does not apply to the
determination.
SEC. 2. Section 23399.65 of the
Business and Professions Code is amended to read:
23399.65. (a) A licensed beer manufacturer may apply to the
department for a brewery event permit. A brewery event permit shall
authorize the sale of beer produced by the licensee pursuant to
Section 23357 for consumption on property contiguous and adjacent to
the licensed premises owned or under the control of the licensee. The
property shall be secured and controlled by the licensee.
(b) (1) The fee for a brewery event permit for a licensed beer
manufacturer shall be one hundred ten dollars ($110) for a
permit issued during the 2016 calendar year, and for a permit issued
during the years thereafter, the annual fee shall be calculated
pursuant to subdivisions (b) and (c) of Section 23320.
the same as the fee for an event permit issued to an on-sale general
licensee or an on-sa le beer and wine licensee pursuant
to subdivision (e) of Section 23399, inclusive of any annual
adjustments. The permit may be renewed annually at the same
time as the licensee's license. A brewery event permit shall be
transferable as a part of the license.
(2) For each brewery event, consent for the sale of beer pursuant
to subdivision (a) at the brewery event shall be first obtained by
the licensee from the department in the form of an event
authorization issued by the department. An event authorization shall
be subject to approval by the appropriate local law enforcement
agency. The fee for each event authorization shall not exceed
twenty-five dollars ($25). The number of events authorized by a
brewery event permit shall not exceed four in any calendar year.
(3) All moneys collected as fees pursuant to this subdivision
shall be deposited in the Alcohol Beverage Control Fund, as described
in Section 25761, for allocation, upon appropriation by the
Legislature, as provided in subdivision (d) of that section.
(c) At all approved events, the licensee may exercise only those
privileges authorized by the licensee's license and shall comply with
all provisions of the act pertaining to the conduct of on-sale
premises, and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit, or
both, as though the violation occurred on the licensed premises.
(d) The department may adopt any regulations it determines to be
necessary for the administration of this section.
SEC. 3. Section 24301 is added to the
Business and Professions Code , to read:
24301. Notwithstanding subdivision (d) of Section 11512 of the
Government Code, an audio record shall be kept as the official record
of any administrative hearing conducted by the department. The
department shall not create an official record by videographic
recording. A videographic recording of an administrative hearing
shall not be admissible in any proceeding before the Alcoholic
Beverage Control Appeals Board or in any proceeding undertaken
pursuant to Section 23090.
SEC. 4. Section 24310 of the Business
and Professions Code is amended to read:
24310. (a) Any person requesting a transcript from the department
in a case on appeal to the Alcoholic Beverage Control Appeals Board,
shall pay the transcript cost specified in Section 69950 of the
Government Code. Any actual cost in excess thereof shall be paid by
the Appeals Board appeals board from
the Alcoholic Beverage Control Appeals Fund.
(b) A party in a case on appeal to the Appeals Board who, in 1983
or 1984, has paid that portion of the transcript fee in excess of the
fee specified in Section 69950 of the Government Code shall be
refunded that excess by payment from the Alcoholic Beverage Control
Appeals Fund, providing the Appeals Board has not issued a dismissal
or other final decision in the case on appeal.
(b) When a hearing record has been created by audio recording, the
department shall provide to the appeals board and each party a copy
of the audio recording in lieu of a transcript. The audio recording
shall serve as the record of the hearing for purposes of Section
23083.
SECTION 1. SEC. 5. Section 25503.61
is added to the Business and Professions Code, to read:
25503.61. Notwithstanding any other provision of this division,
and in addition to the exceptions provided in Section 25503.6, a beer
manufacturer, the holder of a winegrowers
winegrower's license, a rectifier, a distilled spirits
manufacturer, or distilled spirits manufacturer's agent may purchase
advertising time and space from, or on behalf of, an on-sale retail
licensee subject to all of the following conditions:
(a) The on-sale licensee is the owner, manager, agent of the
owner, assignee of the owner's advertising rights, or the major
tenant of the owner of any outdoor stadium or fully enclosed arena
with a fixed seating capacity in excess of 1,500. This subdivision
includes all stadiums and arenas licensed prior to the effective date
of the measure adding this section.
(b) The outdoor stadium or fully enclosed arena described in
subdivision (a) is not owned by a community college district.
(c) The advertising space or time is purchased only in connection
with events to be held on the premises of the outdoor stadium or
fully enclosed arena.
(d) The on-sale licensee serves other brands of beer distributed
by a competing beer wholesaler in addition to the brand manufactured
or marked by the beer manufacturer, other brands of wine distributed
by a competing wine wholesaler in addition to the brand produced by
the winegrower, and other brands of distilled spirits distributed by
a competing distilled spirits wholesaler in addition to the brand
manufactured or marketed by the rectifier, the distilled spirits
manufacturer, or the distilled spirits manufacturer's agent that
purchased the advertising space or time.
