Bill Text: CA AB2301 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Alcoholic beverage sales: beer manufacturers: licensed premises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 961, Statutes of 2022. [AB2301 Detail]

Download: California-2021-AB2301-Amended.html

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Amended  IN  Assembly  March 10, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2301

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Introduced by Assembly Member Wood
(Principal coauthor: Assembly Member Berman)

February 16, 2022

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An act relating to alcoholic beverages. An act to amend Section 23357 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 2301, as amended, Wood. Craft breweries. Alcoholic beverage sales: beer manufacturers: licensed premises.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, authorizes a licensed beer manufacturer, at the licensed production premises, to sell consumers specified beverages for consumption off the premises. Existing law further authorizes in this regard, among other things, the sale of beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on premises owned by the manufacturer that are contiguous to the licensed premises and that are operated by and for the manufacturer.

This bill would delete the requirement that the bona fide public eating place at which beverages are sold be on premises that are contiguous to the licensed premises, and would instead require that the premises be owned or operated by and for the manufacturer.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses, including beer manufacturer licenses.

This bill would state the intent of the Legislature to enact legislation relating to craft breweries.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 23357 of the Business and Professions Code is amended to read:

23357.

 (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:

(1) Sell that beer to any person holding a license authorizing the sale of beer.

(2) Sell that beer to consumers for consumption on the manufacturer’s licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.

(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer’s licensed premises or at a bona fide public eating place on premises owned by the manufacturer which that are contiguous to the licensed premises and which owned or are operated by and for the manufacturer.

(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturer’s certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.

(c) Notwithstanding any other provision of this division, a licensed beer manufacturer that produces more than 60,000 barrels of beer a year may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, “cider” and “perry” have the meanings provided in Section 4.21(e)(5) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.

(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to craft breweries.