Bill Text: CA AB2182 | 2013-2014 | Regular Session | Chaptered

---

Bill Title: Alcoholic beverage control: winegrowers: wine sales event permits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-08-19 - Chaptered by Secretary of State - Chapter 213, Statutes of 2014. [AB2182 Detail]

Download: California-2013-AB2182-Chaptered.html

---

BILL NUMBER: AB 2182	CHAPTERED
	BILL TEXT

	CHAPTER  213
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2014
	APPROVED BY GOVERNOR  AUGUST 19, 2014
	PASSED THE SENATE  AUGUST 4, 2014
	PASSED THE ASSEMBLY  MAY 15, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 20, 2014

   An act to amend Section 23399.6 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2182, Beth Gaines. Alcoholic beverage control: winegrowers:
wine sales event permits.
   The Alcoholic Beverage Control Act authorizes the issuance of a
wine sales event permit to any licensee under a winegrower's license,
which authorizes the sale of bottled wine produced by the
winegrowers at specified events, and is valid for a maximum of 5
consecutive days during the event period.
   This bill would provide that a wine sales event permit is valid
for the entire duration of the event.


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

  SECTION 1.  Section 23399.6 of the Business and Professions Code is
amended to read:
   23399.6.  (a) Any licensee under a winegrower's license may apply
to the department for a wine sales event permit. The wine sales event
permit shall authorize the sale of bottled wine produced by the
winegrower at festivals, state, county, district, or citrus fruit
fairs, civic or cultural celebrations, or similar events approved by
the department. The sale of the wine shall not be the primary purpose
of the event, and the sale shall be for consumption off the premises
where sold. The permit shall be valid for the entire duration of the
event. The event shall be sponsored by an organization that is
exempt from taxation under Section 23701a of the Revenue and Taxation
Code, including state designated fairs as specified in Section 19418
of the Revenue and Taxation Code, or exempt from taxation under
Section 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701
 l  , 23701r, or 23701w of the Revenue and Taxation Code.
   (b) A wine sales event permit may not be used more than two times
a month at a particular location.
   (c) Consent for sales at each event shall be first obtained by an
annual authorization issued by the department. The applicant for the
wine sales permit is required to notify the city, county, or city and
county where the event is being held at least five days prior to the
event. At all events, a copy of the wine sales permit shall be
maintained. The licensee may exercise only those privileges
authorized by the licensee's license and shall comply with all
provisions of the act pertaining to that license, and any 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) (1) A licensee may not sell more than 5,000 gallons of wine
annually pursuant to wine sales event permits issued under this
section to that licensee.
   (2) A licensee holding a wine sales event permit may not sell more
than 1,250 gallons of wine per event.
   (3) A licensee that is eligible to receive a certified farmers'
market sales permit under Section 23399.4 and a wine sales event
permit may not, under both permits collectively, sell more than a
total of 5,000 gallons of wine annually.
   (4) The licensee shall annually report to the department the total
gallons of wine sold by that licensee under permits issued under
this section to that licensee. The report may be included within the
annual report of production submitted by the licensee to the
department, or may be made in another manner as prescribed by the
department in regulation.
   (e) The sponsoring tax-exempt organization may charge a fee of the
licensee for the licensee's use of display booth space. The fee, if
paid, shall be comparable with, or less than, fees, or goods or
services of equivalent value, paid by other vendors at the event for
a similar booth size and location.
   (f) The sponsoring tax-exempt organization shall allow the
participation of more than one winegrower under a wine sales event
permit at an event if public attendance at the event is expected to
reach or exceed 1,000 attendees. The prior year's stated attendance
for the event shall be used to determine the expected attendance.
   (g) (1) The fee for the authorization to utilize a wine sales
permit shall be fifty dollars ($50) per year, and the authorization
may be renewable annually at the time of the licensee's license. The
wine sales permit authorization shall be transferable as part of the
license.
   (2) All money 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.
   (h) The department may adopt any regulations as it determines to
be necessary for the administration of this section.