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

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

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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-Introduced.html

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BILL NUMBER: AB 2229	INTRODUCED
	BILL TEXT


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 introduced, 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 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.
 Notwithstanding 
    (b)     Notwithstanding   
Section 25600, the licensee may  provide distilled spirits
without charge for any tastings conducted   conduct
distilled spirits tastings  pursuant to this section  with
or without charge  . 
   (b) 
    (c)  For purposes of this section: 
   (1) "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.  
   (1) 
    (2)  "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. 
   (2) "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. 
   (c) The sponsoring organization shall first obtain a permit from
the department. 
   (d) Tastings conducted pursuant to this section 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.  
   (2) A person under 21 years of age shall not serve 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) 
    (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.