Bill Text: CA AB949 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 949 (Prior Session Legislation)

Introduced

Bill Title: Distilled spirits manufacturers: licenses: tastings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Died at Desk. [AB949 Detail]

Download: California-2013-AB949-Introduced.html

BILL NUMBER: AB 949	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 22, 2013

   An act to amend Section 23363.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 949, as introduced, Quirk. Distilled spirits manufacturers:
licenses: tastings.
   (1) The Alcoholic Beverage Control Act authorizes a licensed
distilled spirits manufacturer to conduct tastings of distilled
spirits produced or bottled by, or produced or bottled for, the
licensee, on the licensed premises, under specified conditions. The
act provides that a violation of its provisions is a misdemeanor,
unless otherwise specified.
   This bill would authorize licensed distilled spirits manufacturers
to charge consumers for tastings and would impose additional
conditions on the provision of tastings by the licensee, including
limiting the size and number of tastes. The bill would provide that a
distilled spirits manufacturer's license authorizes the licensee to
serve and sell food, general merchandise, and nonalcoholic beverages
for consumption on or off the premises. By expanding the definition
of an existing crime, the 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 23363.1 of the Business and Professions Code is
amended to read:
   23363.1.  (a) A distilled spirits manufacturer's license
authorizes the licensee to conduct tastings of distilled spirits
produced or bottled by, or produced or bottled for, the licensee, on
or off the licensee's premises.  Distilled spirits tastings
may be conducted by the licensee off the licensee's premises only for
an event sponsored by a nonprofit organization and only if persons
attending the event are affiliated with the sponsor. No distilled
spirits shall be sold or solicited for sale in that portion of the
premises where the distilled spirits tasting is being conducted.
Notwithstanding Section 25600, the licensee may provide distilled
spirits without charge for any tastings conducted pursuant to this
section.  
   (b) Tastings conducted on the licensee's premises shall be subject
to the following conditions:  
   (1) Any tastings offered onsite shall not exceed one-fourth of one
ounce and shall be limited to no more than three tastes per
individual per day.  
   (2) A person under 21 years of age shall not serve tastes of
distilled spirits.  
   (3) Tastings shall only include the products that are authorized
to be sold by the licensee.  
   (c) Notwithstanding Section 25600, the licensee may provide
distilled spirits without charge for any tastings or the licensee may
charge for tastings, conducted by the licensee on its licensed
premises.  
   (d) A distilled spirits manufacturer's license authorizes the
licensee to serve and sell food, general merchandise, and
nonalcoholic beverages for consumption on or off the premises. 

   (e) Distilled spirits tastings may be conducted by the licensee
off the licensee's premises only for an event sponsored by a
nonprofit organization and only if persons attending the event are
affiliated with the sponsor. No distilled spirits shall be sold or
solicited for sale in that portion of the premises where the
distilled spirits tasting is being conducted.  
   (b) 
    (f)  For purposes of this section:
   (1) "Nonprofit organization" does not include any community
college or other institution of higher learning, as defined in the
Education Code, nor does it include any officially recognized club,
fraternity, or sorority, whether or not that entity is located on or
off the institution's campus.
   (2) "Affiliated with the sponsor" means directors, officers,
members, employees, and volunteers of bona fide charitable,
fraternal, political, religious, trade, service, or similar nonprofit
organizations and their invited guests. Persons "affiliated with the
sponsor" also includes up to three guests invited by persons
described in this paragraph. 
   (c) 
    (g)  The sponsoring organization shall first obtain a
permit from the department. 
   (d) 
    (h)  The department may adopt rules and regulations as
it determines to be necessary for the administration of 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.