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AB-1356 Alcoholic beverage licensees: winegrower: brandy manufacturer: duplicate licenses.(2011-2012)

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Amended  IN  Assembly  April 26, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1356


Introduced  by  Assembly Member Eng

February 18, 2011


An act to amend Section 23390 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1356, as amended, Eng. Alcoholic beverage licensees: winegrower: brandy manufacturer: duplicate licenses.
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 and requires the Department of Alcoholic Beverage Control to deny the issuance of a license if that issuance would result in or add to an undue concentration of licenses, subject to specified exceptions. Existing law also requires the Department of Alcoholic Beverage Control to issue a duplicate license to a winegrower or brandy manufacturer for locations other than his or her wine production or brandy manufacture premises.
This bill would require the department to deny the issuance of duplicate license to a winegrower or brandy manufacturer if issuance of that license would result in or add to an undue concentration of licenses, except as provided provide that where wine by the glass will be sold on the premises of a duplicate license that is located in an area of undue concentration, as defined, the request for the duplicate license is subject to specified provisions before it may be issued by the Department of Alcoholic Beverage Control.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 23390 of the Business and Professions Code is amended to read:

23390.
 (a) A licensed winegrower or brandy manufacturer, in addition to exercising all the privileges of his or her license at his or her licensed premises, may exercise all his or her license privileges at or from branch offices or warehouses, or United States bonded wine cellars located away from his or her place of production or manufacture, other than the following privileges:
(1) Production or manufacture.
(2) The sale of wine or brandy to consumers for consumption on the premises in a bona fide eating place.
(3) The sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer.
(b) (1) The Except as provided in paragraph (2), the department may issue to a winegrower or brandy manufacturer a duplicate of his or her original license for a location or locations other than his or her wine production or brandy manufacture premises. The duplicate license authorizes the maintenance and operation of each branch or warehouse or United States bonded wine cellar declared and designated by the winegrower or brandy manufacturer at the location for which the duplicate license is issued. The fee for each duplicate winegrower’s license and for each duplicate brandy manufacturer’s license is as specified in Section 23320.

(2)The department shall deny an application for a duplicate license if the issuance of that license would result in or add to an undue concentration of licenses, except as provided in Section 23958.4.

(2) If a winegrower requests a duplicate license for premises located in an area of undue concentration of licenses as defined in paragraph (1) of subdivision (a) of Section 23958.4, upon whose premises wine will be sold by the glass, the request for the duplicate license shall be subject to paragraph (2) of subdivision (b) of Section 23958.4. Notwithstanding Section 23987, a notice of the request for a duplicate license subject to this provision may be made via e-mail or fax.
(c) Notwithstanding any other provision of law, the department may allow any person who held more than one original winegrower’s license, on or before January 1, 1981, to transfer any duplicate license which has been issued, on or before January 1, 1981, on any of the original winegrower’s licenses to any other original winegrower’s license held by that person, on or before January 1, 1981, provided that the licensee cancels the original winegrower’s license from which any duplicate license is transferred. This subdivision shall not authorize any person to acquire any additional duplicate licenses other than those held by that licensee on or before January 1, 1981.