Bill Text: CA AB2609 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Home brewers and home winemakers.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2014-08-21 - Chaptered by Secretary of State - Chapter 239, Statutes of 2014. [AB2609 Detail]

Download: California-2013-AB2609-Amended.html

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BILL NUMBER: AB 2609	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Nestande
    (   Coauthor:   Senator   Knight
  ) 

                        FEBRUARY 21, 2014

   An act to amend Section 23356.2 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2609, as amended, Nestande. Home brewers and home winemakers.
   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.
Existing law also authorizes these products to be removed from the
premises when donated to a nonprofit organization for sale at a
fundraising event, but excludes from this authorization nonprofit
organizations that either promote home brewing or home winemaking or
that are primarily composed of home brewers or home winemakers, as
specified. The Alcoholic Beverage Control Act provides that a
violation of any of its provisions for which another penalty or
punishment is not specifically provided is a misdemeanor.
   This bill would  revise the description regarding
  permit  the removal and use of home brewed beer
or homemade wine  to permit its removal and use at 
 in connection with  a bona fide competition or judging or a
bona fide exhibition or tasting.  This   The
 bill would also allow nonprofit organizations that 
either  promote home brewing  or home winemaking, or
that are primarily composed of home brewers or home winemakers, to
sell beer or wine   to serve beer  at fundraising
events subject to specified conditions, including requiring an
educational component to the event and limiting the nonprofit
organization to 2  of these types of  events that 
sell wine or   serve  beer pursuant to this
authorization per year.  This bill would specify that the
charging of an entrance fee at a fundraising event held by the
nonprofit organization does not constitute the sale of wine or beer.

   By expanding the definition of an existing crime, this bill would
impose 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 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)  .
   (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) 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 be
eligible to sell beer or wine pursuant to this subdivision, subject
to the following conditions:  
   (i) The beer or wine for sale is donated by home brewers or home
winemakers. 
   (ii) The nonprofit organization shall be issued no more than two
permits per calendar year for the sale of beer or wine pursuant to
this subdivision.  
   (iii) The nonprofit organization shall display a printed notice at
the event that states that home brewed beer and homemade wine are
not regulated products subject to health and safety standards.
 
   (iv) The event shall have an educational component that includes
instruction on the subject of beer or wine, including, but not
limited to, the history, nature, values, and characteristics of beer
and wine, the use of beer and wine lists, and the methods of
presenting and serving beer and wine.  
   (B) 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 may charge an
entrance fee at a fundraising event conducted solely by, and for the
benefit of, the nonprofit organization. This charge shall not
constitute the sale of beer or wine pursuant to this subdivision.
 
   (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 a
list of attendees 48 hours before the event if more than 50 members
are expected to attend the event.  
   (d) 
    (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. 
   (e) 
    (f)  Except as provided herein, nothing in this section
authorizes any activity in violation of Section 23300, 23355, or
23399.1.
  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 are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.