Bill Text: CA SB639 | 2009-2010 | Regular Session | Amended
Bill Title: Alcoholic beverage licensees: on-sale tasting license.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB639 Detail]
Download: California-2009-SB639-Amended.html
BILL NUMBER: SB 639 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2009
AMENDED IN SENATE APRIL 20, 2009
INTRODUCED BY Senator Calderon
FEBRUARY 27, 2009
An act to add Section 25503.56 2339
6.6 to the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 639, as amended, Calderon. Alcoholic beverage licensees:
tasting permits. on-sale tasting license.
The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law provides for
various annual fees for the issuance of alcoholic beverage licenses
depending upon the type of license issued.
This bill would add a an on-sale
tasting permit license to the Alcoholic
Beverage Control Act, which would allow the permitholder to
designate a portion of the existing licensed premises for the
purposes of instructing consumers on the subject of the alcoholic
beverage products the licensee is licensed to sell, as specified
licensee to furnish tastes of alcoholic beverages to
consumers subject to specified limitations . The bill would
impose an annual fee for a tasting permit of $250
$750 , which would be deposited in the Alcohol Beverage
Control Fund and would be used only for the purposes of
administering these provisions .
The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified.
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 23396.6 is added to the
Business and Professions Code , to read:
23396.6. (a) Notwithstanding any other provision of this
division, the department may issue to the holder of any off-sale
retail license an on-sale tasting license for premises operated in
conjunction with and immediately adjacent to the off-sale licensed
premises.
(b) The provisions of Article 2 (commencing with Section 23815) of
Chapter 5 do not apply to the issuance of on-sale tasting licenses.
In all other respects, on-sale tasting licenses shall be considered
on-sale retail public premises licenses.
(c) An on-sale tasting license authorizes the licensee to furnish
tastes of alcoholic beverages to consumers subject to the following
limitations:
(1) There shall be no charge for the tasting.
(2) Tastings shall be limited to those alcoholic beverages
authorized to be sold by the licensee under its off-sale license.
(d) An on-sale tasting license shall not be eligible for issuance
of a caterer's permit or event permit pursuant to Section 23399.
(e) The department may impose reasonable conditions upon the
on-sale tasting license including, without limitation, conditions
necessary to insure segregation of the on-sale tasting premise from
the off-sale retail premise and to insure exclusion of persons under
21 years of age from the on-sale tasting premise.
(f) An application for a license under this section shall be
accompanied by a fee of seven hundred fifty dollars ($750). The
annual renewal fee for a license issued under this section shall be
seven hundred fifty dollars ($750). Fees collected pursuant to this
section shall be deposited into the Alcohol Beverage Control Fund.
SECTION 1. Section 25503.56 is added to the
Business and Professions Code, to read:
25503.56. (a) Notwithstanding any other provision of this
division, the department may issue a tasting permit to an off-sale
general licensee. The tasting permit shall authorize the off-sale
general licensee to designate a portion of the existing licensed
premises for the purposes of instructing consumers on the subject of
the alcoholic beverage products that the licensee is licensed to
sell. The designation of the tasting area shall be made by the
applicant in the application, and instruction under the permit shall
be conducted only in the designated area. The instruction may
include, without limitation, the history, nature, values, and
characteristics of the alcoholic beverage product and the methods of
presenting and serving the product. The tastings shall be limited as
follows:
(1) A single tasting of distilled spirits shall not exceed
three-fourths of one ounce per person, per day.
(2) A single tasting of wine shall not exceed three ounces per
person, per day.
(3) A single tasting of beer shall not exceed six ounces per
person, per day.
(b) The tasting permit shall not authorize the off-sale general
licensee to conduct any on-sale retail sales to consumers, and no
charge of any sort shall be made for the tastings.
(c) (1) The department shall enforce all applicable laws and
regulations with regard to tastings to ensure that the tastings are
appropriately controlled and that access to the tastings area by
persons under the legal drinking age is strictly prohibited.
(2) Within the tasting area, the permitholder shall display a sign
prohibiting the presence of persons under the legal drinking age.
The permitholder shall verify that any person who enters the tasting
area is at least the legal drinking age, and shall not allow a
consumer attending a tasting to leave the tasting area with an
alcoholic beverage product.
(d) An applicant for a tasting permit under this section shall, at
the time of filing the application for the permit, accompany the
application with a fee of one two hundred fifty dollars ($250). The
annual renewal fee for a permit issued pursuant to this section shall
be two hundred fifty dollars ($250). Fees collected pursuant to this
section shall be deposited in the Alcohol Beverage Control Fund, but
shall be used only for the purposes of administering this section.
(e) (1) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may instruct consumers at the
tastings area of permitholder that is otherwise authorized to sell
its product, with the permission of the permittee, including, without
limitation, selecting the brands featured at the instruction and the
pouring of tastings for consumers.
(2) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may provide alcoholic beverages
necessary to conduct an instruction authorized under this section,
and, in such an event, shall remove any unfinished and unopened
containers of alcoholic beverages following the tasting. The
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
distilled spirits wholesaler, beer and wine wholesaler, or any
representative of those licensees, may purchase alcoholic beverages
used in the instruction from the retail off-sale licensee, provided
the payment does not exceed the retail price of the alcoholic
beverages.
(3) Notwithstanding any other provision of this division, a
distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, beer and wine general importer,
or any representative of those licensees, in advance of an
instruction being held at a retailer's premises, may list in an
advertisement the name, address, and Internet Web site of the
off-sale retailer, the names of the alcoholic beverage brands being
featured at the instruction, and the time, date, and location of, and
other information about, the tasting, provided that both of the
following apply:
(A) The advertisement does not contain the retail price of the
alcoholic beverages.
(B) The listing of the retailer's name, address, and Internet Web
site is the only reference to the retailer in the advertisement, and
is relatively inconspicuous in relation to the advertisement as a
whole.
(4) Notwithstanding its holding of any other license under this
division, a distilled spirits wholesaler or a beer and wine
wholesaler shall not be authorized under this subdivision to publish
any advertisement, nor be required to reimburse any permitholder
under this section, for the costs of its advertisement.
(f) For purposes of this section, a licensed distilled spirits
wholesaler or beer and wine wholesaler shall not be a representative
of a distilled spirits manufacturer, distilled spirits manufacturer's
agent, winegrower, winegrower's agent, beer manufacturer, rectifier,
distilled spirits general importer, or beer and wine general
importer.
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.
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