Bill Text: CA AB776 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Alcoholic beverage control.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-06 - Chaptered by Secretary of State - Chapter 519, Statutes of 2015. [AB776 Detail]

Download: California-2015-AB776-Amended.html

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BILL NUMBER: AB 776	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2015

INTRODUCED BY   Assembly Member Cooper

                        FEBRUARY 25, 2015

   An act to  amend Section 25350 of   add
Section 23399.65 to  the Business and Professions Code, relating
to alcoholic beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 776, as amended, Cooper.  Alcoholic beverages: seizure.
  Alcoholic beverage control: beer manufacturer:
brewery event.  
   The Alcoholic Beverage Control Act authorizes a licensed
winegrower to apply to the Department of Alcoholic Beverage Control
for a wine sales event permit that allows the sale of bottled wine
produced by that winegrower at specified events approved by the
department. The act prohibits a wine sales event permit from being
used more than 2 times a month at a particular location, and requires
the winegrower to pay a fee of $50 for the permit. The act provides
that moneys collected as fees pursuant to the act are to be deposited
in the Alcohol Beverage Control Fund. These moneys are generally
allocated to the Department of Alcoholic Beverage Control upon
appropriation by the Legislature.  
   This bill would authorize a licensed beer manufacturer to apply to
the department for a brewery event permit that allows the sale of
beer produced by that beer manufacturer for consumption on property
contiguous and adjacent to the licensed premises of the manufacturer,
as provided. The bill would authorize a fee for a brewery event
permit of $110 and an event authorization fee of not more than $25
for each approved event. The bill would allow up to 4 authorized
events each calendar year.  
   Existing law establishes the Department of Alcoholic Beverage
Control within the Business, Consumer Services, and Housing Agency to
administer and enforce the Alcoholic Beverage Control Act. Existing
law authorizes the department to seize alcoholic beverages under
specified circumstances. Existing law provides that the total retail
value of alcoholic beverages subject to seizure may not exceed $100.
 
   This bill would eliminate the provision that limits the retail
value of the alcoholic beverages that are subject to seizure.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 23399.65 is added to the 
 Business and Professions Code   , to read:  
   23399.65.  (a) A licensed beer manufacturer may apply to the
department for a brewery event permit. A brewery event permit shall
authorize the sale of beer produced by the licensee pursuant to
Section 23357 for consumption on property contiguous and adjacent to
the licensed premises owned or under the control of the licensee. The
property shall be secured and controlled by the licensee.
   (b) (1) The fee for a brewery event permit for a licensed beer
manufacturer shall be one hundred ten dollars ($110) for a permit
issued during the 2016 calendar year, and for a permit issued during
the years thereafter, the annual fee shall be calculated pursuant to
subdivisions (b) and (c) of Section 23320. The permit may be renewed
annually at the same time as the licensee's license. A brewery event
permit shall be transferable as a part of the license.
   (2) For each brewery event, consent for the sale of beer pursuant
to subdivision (a) at the brewery event shall be first obtained by
the licensee from the department in the form of an event
authorization issued by the department. An event authorization shall
be subject to approval by the appropriate local law enforcement
agency. The fee for each event authorization shall not to exceed
twenty-five dollars ($25). The number of events authorized by a
brewery event permit shall not exceed 4 in any calendar year.
   (3) All money collected as fees pursuant to this subdivision shall
be deposited in the Alcohol Beverage Control Fund, as described in
Section 25761, for allocation, upon appropriation by the Legislature,
as provided in subdivision (d) of that section.
   (c) At all approved events, the licensee may exercise only those
privileges authorized by the licensee's license and shall comply with
all provisions of the act pertaining to the conduct of on-sale
premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit, or
both, as though the violation occurred on the licensed premises.
   (d) The department may adopt any regulations it determines to be
necessary for the administration of this section.  
       
  SECTION 1.    Section 25350 of the Business and
Professions Code is amended to read:
   25350.  The department may seize the following alcoholic
beverages:
   (a) Alcoholic beverages manufactured or produced in this state by
any person other than licensed manufacturer or wine grower,
regardless of where found.
   (b) Beer and wine upon the sale of which the excise tax imposed by
Part 14 (commencing with Section 32001) of Division 2 of the Revenue
and Taxation Code has not been paid, regardless of where found.
   (c) Distilled spirits except (1) distilled spirits located upon
premises for which licenses authorizing the sale of the distilled
spirits have been issued; (2) distilled spirits consigned to and in
the course of transportation to a licensee holding licenses
authorizing the sale of the distilled spirits or for delivery without
this state; (3) distilled spirits upon the sale of which the excise
tax imposed by Part 14 (commencing with Section 32001) of Division 2
of the Revenue and Taxation Code has been paid; (4) alcohol or
distilled spirits in the possession of a person who has lawfully
purchased it for use in the trades, professions, or industries and
not for beverage use.
   (d) Any alcoholic beverage possessed, kept, stored, or owned with
the intent to sell it without a license in violation of this
division.
   (e) Notwithstanding any other provision of this section, a seizure
of any alcoholic beverage acquired, exchanged, purchased, sold,
delivered, or possessed in violation of Sections 23104.2, 23104.3,
23394, 23402, or Chapter 12 (commencing with Section 25000) shall be
limited to the actual package or case of alcoholic beverage acquired,
exchanged, purchased, sold, delivered, or possessed in violation of
the foregoing provisions.