Bill Text: CA SB1337 | 2019-2020 | Regular Session | Amended
Bill Title: Distilled spirits: tastings: food preparation: whiskey.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-02 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. [SB1337 Detail]
Download: California-2019-SB1337-Amended.html
|
Amended
IN
Senate
April 02, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1337
| Introduced by Senator Moorlach |
February 21, 2020 |
An act to amend Section 23363.1 of Sections 23363.1 and 23508 of, and to repeal Section 25175 of, the Business and Professions Code, relating to alcoholic beverage control.
LEGISLATIVE COUNSEL'S DIGEST
SB 1337, as amended, Moorlach.
Distilled spirits: tastings: volume limit. food preparation: whiskey.
Existing law, the Alcoholic Beverage Control Act, authorizes distilled spirits tastings to be conducted by a distilled spirits manufacturer’s licensee or a craft distiller’s licensee on the licensee’s premises if (1) the total volume of tastings does not exceed 1½ ounces per individual per day, (2) the tastings only include the products authorized to be produced or bottled by or for the licensee, and (3) no person under 21 years of age serves tastes of distilled spirits.
This bill would permit tastings to include an alcohol not produced or bottled by or for the licensee if the alcohol is used as a modifier in a cocktail and is purchased from a licensed wholesaler.
Existing law authorizes a licensed craft distiller to sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide public eating place, as defined, and permits beer, wine, and brandy to be used in the preparation of food and beverages, as provided.
This bill would additionally permit distilled spirits to be used in the preparation of food and beverages.
Existing law makes it a misdemeanor for a person to sell at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20% or more of straight whiskey or whiskeys that have been aged in charred oak containers for 3 or more years after distillation and before bottling, except as
provided.
This bill would repeal that provision.
This bill would delete the provision requiring a licensee conducting a tasting on the licensee’s premises to limit the total volume of tastings of distilled spirits to 1½ ounces per individual per day.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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 or a craft distiller’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.(b) (1) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. A distilled spirits manufacturer shall not sell or solicit sales of distilled spirits at an event. The sponsoring organization shall first obtain a permit from the department.
(2) For purposes of this subdivision,
“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.
(c) Tastings on the licensee’s premises shall be subject to the following conditions:
(1) The total volume of tastings of distilled spirits shall not exceed one and one-half ounces per individual per day.
(1)Tastings
(2) (A) Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee. licensee, except as provided in subparagraph (B).
(B) Tastings may include an alcohol not produced or bottled by or for the licensee if the alcohol is used as a modifier in a cocktail, in which case, the modifier must be purchased from a licensed
wholesaler.
(2)
(3) A person under 21 years of age shall not serve tastes of distilled spirits.
(d) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises.
(e) This section shall not relieve the holder of a craft
distiller’s license or a distilled spirits manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602.
SEC. 2.
Section 23508 of the Business and Professions Code is amended to read:23508.
(a) A licensed craft distiller may also have upon its licensed premises all beers, wines, and distilled spirits, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not manufactured or produced and bottled by, or manufactured or produced and packaged for, the licensed craft distiller shall be purchased by the licensed craft distiller only from a licensed wholesaler.(b) A licensed craft distiller may sell all beers, wines, brandies, or distilled spirits to consumers for consumption on the premises in a bona fide public
eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous licensed premises and which is operated by and for the licensee, provided that any alcoholic beverage products not manufactured or produced by the licensee must be purchased from a licensed wholesaler. Beer, wine, distilled spirits, and brandy may be used in the preparation of food and beverages in the bona fide public eating place for consumption on the premises.
(c) Notwithstanding any other provision of this division, in the event that the licensee no longer qualifies as a craft distiller due to the amount of distilled spirits reported pursuant to Section 23502, the licensee may continue to hold the privileges granted by this section.
SEC. 3.
Section 25175 of the Business and Professions Code is repealed.Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of straight whiskey or whiskeys which have been aged in charred oak containers for three or more years after distillation and before bottling is guilty of a misdemeanor, except that this section does not prohibit the sale at retail of unaged corn whiskey, when so labeled, or the sale at retail of gins, brandies, rums, cordials, liqueurs, bitters, or other distilled liquor products, or products compounded of distilled spirits and other materials, when in no wise labeled as whiskey or blended whiskey or blends of straight whiskeys, or the sale at retail of Scotch whiskeys, or spirit whiskeys containing not less than 5 percent straight whiskey, three years old or older.
