Bill Text: CA SB620 | 2021-2022 | Regular Session | Amended
Bill Title: Craft distillers: delivery: direct shipper permits.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2022-06-29 - June 29 hearing postponed by committee. [SB620 Detail]
Download: California-2021-SB620-Amended.html
Amended
IN
Senate
March 11, 2021 |
Introduced by Senator Allen |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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 off the licensee’s premises only for an event sponsored by a nonprofit organization. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
This bill would require a nonprofit organization sponsoring the event to keep the permit, or a copy of the permit, at the location of the tasting. By expanding the definition of an existing crime, the bill would impose a state-mandated local program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 23661.4 is added to the Business and Professions Code, to read:23661.4.
(a) (1) Notwithstanding any law, rule, or regulation to the contrary, any person licensed in this state as a distilled spirits manufacturer or craft distiller or in any other state as a distilled spirits producer, or a holder of a federal basic permit to import distilled spirits issued by the Federal Alcohol and Tobacco Tax and Trade Bureau and a license to import distilled spirits issued by this state or any other state, who obtains a distilled spirits direct shipper permit pursuant to this section, may sell and ship distilled spirits directly to a resident of California, who is 21 years of age or older, for the resident’s personal use and not for resale.SEC. 2.
Section 23661.8 is added to the Business and Professions Code, to read:23661.8.
(a) (1) Notwithstanding any law, rule, or regulation to the contrary, any person licensed in this state or any other state as a beer manufacturer, regardless of specific type of license, who obtains a beer direct shipper permit pursuant to this section may sell and ship beer directly to a resident of California, who is 21 years of age or older, for the resident’s personal use and not for resale.(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.
(2)Tastings shall only include the products that are authorized to be produced or bottled by or for the licensee.
(3)A person under 21 years of age shall not serve tastes
of distilled spirits.
(d)The nonprofit organization sponsoring the event shall keep the permit, or a copy of the permit, at the location of the tasting.
(e)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.
(f)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.