BILL NUMBER: AB 636 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 20, 2013
An act to amend Section 25502.2 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 636, as introduced, Hall. Alcoholic beverages: tied-house
restrictions.
(1) Existing law, known as tied-house restrictions, prohibits
specified licensees from furnishing, giving, or lending money or
other things of value, directly or indirectly, to a person engaged in
operating, owning, or maintaining an off-sale licensed premises.
Existing law permits, until January 1, 2015, the appearance of a
person employed or engaged by an authorized licensee at a promotional
event held at the premises of an off-sale retail licensee for the
purposes of providing autographs, subject to specified conditions.
Existing law generally prohibits a winegrower, a California
winegrower's agent, importer, or other specified parties from
providing a licensee alcoholic beverages as a free good as a part of
any sale or transaction involving alcoholic beverages or furnishing
anything of value to a licensee for specified purposes. Existing law
excepts from this prohibition a winegrower, California winegrower's
agent, importer, or other specified parties when conducting or
participating in an instructional event for consumers held at a
retailer's premises featuring wines produced by or for the winegrower
or imported by the importer, subject to specified conditions. 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 permit, until January 1, 2015, under specified
conditions, the appearance of a person for the purpose of providing
autographs at an instructional event for consumers that a winegrower,
California winegrower's agent, importer, or other specified parties
conduct, or participate in, that is held at a retailer's premises.
The bill would expand the definition of an existing crime, thus
imposing a state-mandated local program.
(2) 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 25502.2 of the Business and Professions Code is
amended to read:
25502.2. (a) A person employed or engaged by an authorized
licensee may appear at a promotional event at the premises of an
off-sale retail licensee , or at an instructional event held at
a retailer's premises pursuant to Section 25503.4, for the
purposes purpose of providing
autographs to consumers at the promotional event only under the
following conditions:
(1) A purchase from the off-sale retail licensee is not required.
(2) A fee is not charged to attend the promotional event.
(3) Autographing may only be provided on consumer advertising
specialities given by the authorized licensee to a consumer or on any
item provided by the consumer.
(4) The promotional event does not exceed four hours in duration.
(5) There are no more than two promotional events per calendar
year involving the same authorized licensee at a single premises of
an off-sale retail licensee.
(6) The off-sale retail licensee may advertise the promotional
event to be held at its licensed premises.
(7) An authorized licensee may advertise in advance of the
promotional event only in publications of the authorized licensee,
subject to the following conditions:
(A) The advertising only lists the name and address of the
off-sale retail licensee, the name of the alcoholic beverage product
being featured at the promotional event, and the time, date, and
location of the off-sale retail licensee location where the
promotional event is being held.
(B) The listing of the off-sale retail licensee's name and address
is the only reference to the off-sale retail licensee in the
advertisement and is relatively inconspicuous in relation to the
advertisement as a whole, and the advertisement does not contain any
pictures or illustrations of the off-sale retail licensee's premises
or laudatory references to the off-sale retail licensee.
(8) A wholesaler does not directly or indirectly underwrite, share
in, or contribute to any costs related to the promotional event,
except that a beer and wine wholesaler that holds at least six
distilled spirits wholesaler licenses may directly or indirectly
underwrite, share in, or contribute to any costs related to a
promotional event for which the wholesaler employs or engages the
person providing autographs to consumers at the promotional event.
(9) The authorized licensee notifies the department in writing of
the promotional event at least 30 days in advance of the promotional
event.
(10) The authorized licensee maintains records necessary to
establish its compliance with this section.
(b) For purposes of this section, "authorized licensee" means a
manufacturer, winegrower, manufacturer's agent, California winegrower'
s agent, rectifier, importer, brandy manufacturer, brandy importer,
or wholesaler.
(c) This section shall remain in effect only until January 1,
2016.
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.