Bill Text: CA SB1273 | 2009-2010 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: SB 1273	INTRODUCED
	BILL TEXT


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 introduced, 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) (1) A licensee may not sell more than 5,000 gallons of wine
annually pursuant to wine sales event permits issued under this
section to that licensee.  
   (2) A licensee holding a wine sales event permit may not sell more
than 1,250 gallons of wine per event.  
   (3) A licensee that is eligible to receive a certified farmers'
market sales permit under Section 23399.4 and a wine sales event
permit may not, under both permits collectively, sell more than a
total of 5,000 gallons of wine annually.  
   (4) The licensee shall annually report to the department the total
gallons of wine sold by that licensee under permits issued under
this section to that licensee. The report may be included within the
annual report of production submitted by the licensee to the
department, or may be made in another manner as prescribed by the
department in regulation.  
   (e) 
    (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. 
   (f) 
    (e)  The sponsoring tax-exempt organization 
shall   may  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   per
event  . 
   (g) 
    (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. 
   (h) 
    (g)  The department may adopt any regulations as it
determines to be necessary for the administration of this section.