Bill Text: CA AB779 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Alcoholic beverages.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-09-27 - Chaptered by Secretary of State - Chapter 379, Statutes of 2013. [AB779 Detail]

Download: California-2013-AB779-Amended.html

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BILL NUMBER: AB 779	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Bocanegra
    (   Coauthors:   Assembly Members 
 Bloom   and Nazarian   ) 

                        FEBRUARY 21, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 779, as amended, Bocanegra. Alcoholic beverages.
   (1) The Alcoholic Beverage Control Act authorizes a licensed beer
manufacturer to sell to consumers, at the licensed premises of
production, for consumption off the premises, beer that is produced
and bottled by, or produced and packaged for, that manufacturer and
to sell beer to any person holding a license authorizing the sale of
beer. The act provides that a violation of its provisions is a
misdemeanor unless otherwise specified.
   This bill would authorize a licensed beer manufacturer that
produces more than 60,000 barrels of beer per year to manufacture
cider or perry, as defined, at the licensed premises of production
and to sell cider or perry to any licensee authorized to sell wine.
By expanding the definition of a crime, this bill would impose 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 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  such  beer to any person holding a license
authorizing the sale of beer.
    (2) Sell  such  beer to consumers for consumption on the
manufacturer's licensed premises or on premises owned by the
manufacturer which 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 are contiguous to the licensed
premises and which 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 which 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"  has   have    the
 meaning   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.
  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.