Bill Text: CA AB2172 | 2015-2016 | Regular Session | Chaptered
Bill Title: Homebrewery clubs: meetings: competitions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 565, Statutes of 2016. [AB2172 Detail]
Download: California-2015-AB2172-Chaptered.html
BILL NUMBER: AB 2172 CHAPTERED
BILL TEXT
CHAPTER 565
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN SENATE MAY 10, 2016
INTRODUCED BY Assembly Member Jones
FEBRUARY 18, 2016
An act to amend Section 23356.2 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 2172, Jones. Homebrewery clubs: meetings: competitions.
Existing law authorizes a person to manufacture beer or wine for
personal or family use without the need for a license or permit, as
provided. Existing law authorizes the removal of beer or wine from
the premises where made for personal or family use, for specified
purposes, including at bona fide competitions or exhibitions.
This bill would permit the removal and use of home brewed beer in
connection with a club meeting or home brewed beer competition held
on the premises of an authorized licensee. The bill would also permit
club members to exchange and consume home brewed beer at this type
of meeting, would allow specified persons to consume home brewed beer
during a competition, and would require tables used for the meeting
or competition to be designated by the authorized licensee, as
specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23356.2 of the Business and Professions Code is
amended to read:
23356.2. (a) No license or permit shall be required for the
manufacture of beer or wine for personal or family use, and not for
sale, by a person over 21 years of age. The aggregate amount of beer
or wine with respect to any household shall not exceed (1) 100
gallons per calendar year if there is only one adult in the household
or (2) 200 gallons per calendar year if there are two or more adults
in the household.
(b) Beer or wine produced pursuant to this section may be removed
from the premises where made only under any of the following
circumstances:
(1) For use, including in a bona fide competition or judging or a
bona fide exhibition or tasting.
(2) For personal or family use.
(3) When donated to a nonprofit organization for use as provided
in subdivision (c) or (d).
(4) Beer or wine produced pursuant to this section may only be
provided or served to the public pursuant to paragraphs (1) and (3)
within a clearly identified area, that includes, but is not limited
to, a physical barrier with a monitored point of entry. Beer or wine
produced by a beer manufacturer or winegrower as defined in Sections
23012 and 23013, respectively, and licensed by the department, shall
not be provided or served to the public within this area.
(5) (A) Beer produced pursuant to this section may be removed from
the premises where made in connection with a homebrewers club
meeting or bona fide home brewed beer competition that is held on the
premises of an authorized licensee. Homebrewers may exchange
containers of home brewed beer during the club meeting or bona fide
home brewed beer competition. Home brewed beer made by the club
members may be consumed by club members while on the licensed
premises during the club meeting or by competition organizers,
competition judges, and competition stewards on licensed premises
during a bona fide home brewed beer competition. Patrons of the
authorized licensee that are not club members, competition
organizers, competition judges, or competition stewards shall not
consume any home brewed beer.
(B) The authorized licensee shall designate, by signage or other
item, which tables within the licensed premises shall be used by club
members during the club meeting or bona fide home brewed beer
competition.
(C) For purposes of this paragraph, "authorized licensee" means a
licensee that holds an on-sale beer license, an on-sale beer and wine
license for a bona fide public eating place, an on-sale beer and
wine for public premises license, an on-sale general license for a
bona fide eating place, a club license, a veterans' club license, an
on-sale general brew pub license, an on-sale general license for
public premises, a beer manufacturer's license, or a small beer
manufacturer's license.
(c) (1) Beer or wine produced pursuant to this section may be
donated to a nonprofit organization for sale at fundraising events
conducted solely by and for the benefit of the nonprofit
organization. Beer and wine donated pursuant to this subdivision may
be sold by the nonprofit organization only for consumption on the
premises of the fundraising event, under a license issued by the
department to the nonprofit organization pursuant to this division.
(2) Beer or wine donated and sold pursuant to this subdivision
shall bear a label identifying its producer and stating that the beer
or wine is homemade and not available for sale or for consumption
off the licensed premises. The beer or wine is not required to comply
with other labeling requirements under this division. However,
nothing in this paragraph authorizes the use of any false or
misleading information on a beer or wine label.
(3) A nonprofit organization established for the purpose of
promoting home production of beer or wine, or whose membership is
composed primarily of home brewers or home winemakers, shall not be
eligible to sell beer pursuant to this subdivision.
(d) A nonprofit organization established for the purpose of
promoting home production of beer shall be eligible to serve beer at
a fundraising event conducted solely for the benefit of the nonprofit
organization pursuant to this subdivision, subject to the following
conditions:
(1) The beer that is served is donated by home brewers.
(2) The nonprofit organization shall be issued no more than two
permits per calendar year for the serving of beer pursuant to this
subdivision.
(3) The nonprofit organization shall display a printed notice at
the event that states that home brewed beer is not a regulated
product subject to health and safety standards.
(4) The event shall have an educational component that includes
instruction on the subject of beer, including, but not limited to,
the history, nature, values, and characteristics of beer, the use of
beer lists, and the methods of presenting and serving beer.
(5) Only bona fide members of the nonprofit organization may
attend the event.
(6) The nonprofit organization shall not solicit or sign up
individuals to be members of the nonprofit organization on the day of
the event at the event premises.
(7) The nonprofit organization shall provide the department with
the number of members that have registered for the event and the
estimated number that will be in attendance, 48 hours before the
event. This paragraph shall apply only if more than 50 members are
expected to be in attendance at the event.
(e) Except as provided in subdivision (c), this section does not
authorize the sale or offering for sale by any person of any beer or
wine produced pursuant to this section.
(f) Except as provided herein, nothing in this section authorizes
any activity in violation of Section 23300, 23355, or 23399.1.
