Bill Text: CA AB2229 | 2011-2012 | Regular Session | Amended

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Bill Title: Alcoholic beverages: distilled spirits: tastings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2229 Detail]

Download: California-2011-AB2229-Amended.html

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BILL NUMBER: AB 2229	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 24, 2012

   An act to amend Section 23363.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2229, as amended, Williams. Alcoholic beverages: distilled
spirits: tastings.
   The Alcoholic Beverage Control Act authorizes a licensed distilled
spirits manufacturer to conduct tastings of distilled spirits
produced or bottled by, or produced or bottled for, the licensee, on
the licensed premises, under specified conditions. The act provides
that a violation of its provisions is a misdemeanor, unless otherwise
specified.
   This bill would authorize licensed distilled spirits manufacturers
to charge consumers for tastings and would impose additional
conditions on the provision of tastings by the licensee. 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.
State-mandated local program: yes.


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

  SECTION 1.  Section 23363.1 of the Business and Professions Code is
amended to read:
   23363.1.  (a) A distilled spirits manufacturer's license
authorizes the licensee to conduct tastings of distilled spirits
produced or bottled by, or produced or bottled for, the licensee, on
or off the licensee's premises.  Distilled 
    (b)     (1)     Distilled
 spirits tastings may be conducted by the licensee off the
licensee's premises only for an event sponsored by a nonprofit
organization and only if persons attending the event are affiliated
with the sponsor. No distilled spirits shall be sold or solicited for
sale in that portion of the premises where the distilled spirits
tasting is being conducted.  The sponsoring organization shall
first obtain a permit from the department.  
   (b) Notwithstanding Section 25600, the licensee may conduct
distilled spirits tastings pursuant to this section with or without
charge.  
   (c) For purposes of this section:  
   (2) For purposes of this subdivision:  
   (1) 
    (A)  "Affiliated with the sponsor" means directors,
officers, members, employees, and volunteers of bona fide charitable,
fraternal, political, religious, trade, service, or similar
nonprofit organizations and their invited guests. Persons "affiliated
with the sponsor" also includes up to three guests invited by
persons described in this paragraph. 
   (2) 
    (B)  "Nonprofit organization" does not include any
community college or other institution of higher learning, as defined
in the Education Code, nor does it include any officially recognized
club, fraternity, or sorority, whether or not that entity is located
on or off the institution's campus. 
   (c) The sponsoring organization shall first obtain a permit from
the department.  
   (d) 
    (c)  Tastings conducted  pursuant to this
section   on the licensee's pre   mises 
shall be subject to the following conditions:
   (1) Tastings of distilled spirits shall not exceed one-fourth of
one ounce and shall be limited to  the products that are
authorized to be sold by the licensee   no more than
three tastes per individual per day  . 
   (2) Tastings shall only include the products that are authorized
to be sold by the licensee.  
   (2) 
    (3)  A person under 21 years of age shall not serve 
tastes of  distilled spirits  at the tasting event
 . 
   (3) All tastes shall be served by an employee of the licensee, the
designated representative of the licensee, or by an employee of the
designated representative of the licensee.  
   (4) A licensee, or a designated representative of a licensee,
shall supply the distilled spirits to be tasted during the tasting
event.  
   (5) Any unused distilled spirits remaining from the tasting shall
be removed from the tasting premises by the licensee or its
designated representative.  
   (d) Notwithstanding Section 25600, the licensee may provide
distilled spirits without charge for any tastings conducted pursuant
to this section. The licensee may charge for tastings conducted by
the licensee on its licensed premises. 
   (e) The department may adopt rules and regulations as it
determines to be necessary for the administration of this section.
  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.