Bill Text: CA SB1273 | 2009-2010 | Regular Session | Amended
Bill Title: Alcoholic beverage control: winegrowers: wine sales
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-07 - Set, first hearing. Hearing canceled at the request of author. [SB1273 Detail]
Download: California-2009-SB1273-Amended.html
BILL NUMBER: SB 1273 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator Wiggins
FEBRUARY 19, 2010
An act to amend Section 23399.6 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1273, as amended, Wiggins. Alcoholic beverage control:
winegrowers: wine sales event permits.
The Alcoholic Beverage Control Act authorizes the issuance of a
wine sales permit to any licensee under a winegrower's license, which
authorizes the sale of bottled wine produced by the winegrowers at
specified events, including those held by tax-exempt organizations.
Existing law restricts the amount of wine that a winegrower may sell
pursuant to a wine sales event permit, as specified, and requires a
licensee to report that amount to the Department of Alcoholic
Beverage Control. Existing law also requires a sponsoring
tax-exempt organization to allow more than one winegrower at an event
if public attendance at that event is expected to reach or exceed
1,000 attendees.
This bill would remove the restriction on the amount of wine that
may be sold by a winegrower pursuant to a wine sales event permit and
the attending reporting requirement. This bill would remove
the requirement that a sponsoring tax-exempt organization must allow
more than one winegrower at an event if public attendance is
expected to reach or exceed 1,000 attenders.
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 23399.6 of the Business and Professions Code is
amended to read:
23399.6. (a) Any licensee under a winegrower's license may apply
to the department for a wine sales event permit. The wine sales event
permit shall authorize the sale of bottled wine produced by the
winegrower at festivals, state, county, district, or citrus fruit
fairs, civic or cultural celebrations, or similar events approved by
the department. The sale of the wine shall not be the primary purpose
of the event, and the sale shall be for consumption off the premises
where sold. The permit shall be valid for a maximum of five
consecutive days during the event period. The event shall be
sponsored by an organization that is exempt from taxation under
Section 23701a of the Revenue and Taxation Code, including state
designated fairs as specified in Section 19418 of the Revenue and
Taxation Code, or exempt from taxation under Section 23701b, 23701d,
23701e, 23701f, 23701g, 23701i, 23701k, 23701 l , 23701r,
or 23701w of the Revenue and Taxation Code.
(b) A wine sales event permit may not be used more than two times
a month at a particular location.
(c) Consent for sales at each event shall be first obtained by an
annual authorization issued by the department. The applicant for the
wine sales permit is required to notify the city, county, or city and
county where the event is being held at least five days prior to the
event. At all events, a copy of the wine sales permit shall be
maintained. The licensee may exercise only those privileges
authorized by the licensee's license and shall comply with all
provisions of the act pertaining to that license, and any 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 sponsoring tax-exempt organization may charge a fee of the
licensee for the licensee's use of display booth space. The fee, if
paid, shall be comparable with, or less than, fees, or goods or
services of equivalent value, paid by other vendors at the event for
a similar booth size and location.
(e) The sponsoring tax-exempt organization may allow the
participation of more than one winegrower per event.
(e) The sponsoring tax-exempt organization shall allow the
participation of more than one winegrower under a wine sales event
permit at an event if public attendance at the event is expected to
reach or exceed 1,000 attendees. The prior year's stated attendance
for the event shall be used to determine the expected attendance.
(f) (1) The fee for the authorization to utilize a wine sales
permit shall be fifty dollars ($50) per year, and the authorization
may be renewable annually at the time of the licensee's license. The
wine sales permit authorization shall be transferable as part of the
license.
(2) 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.
(g) The department may adopt any regulations as it determines to
be necessary for the administration of this section.
