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AB-2349 Alcoholic beverages: tied-house restrictions: advertising.(2011-2012)

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AB2349:v94#DOCUMENT

Assembly Bill No. 2349
CHAPTER 374

An act to amend and renumber Section 25500.2 of, and to repeal Section 25500.1 of, the Business and Professions Code, relating to alcoholic beverages.

[ Approved by Governor  September 19, 2012. Filed with Secretary of State  September 19, 2012. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2349, Nestande. Alcoholic beverages: tied-house restrictions: advertising.
The Alcoholic Beverage Control Act contains limitations on sales commonly known as “tied-house” restrictions, which generally prohibit a manufacturer, winegrower, manufacturer’s agent, California winegrower’s agent, rectifier, distiller, bottler, importer, or wholesaler from furnishing, giving, or lending any money or other thing of value to any person engaged in operating, owning, or maintaining any off-sale licensed premises. For purposes of these provisions, the listing of the names, addresses, telephone numbers, or email addresses, or both, or Internet Web site addresses, of 2 or more unaffiliated on-sale retailers selling beer, wine, or distilled spirits and operating and licensed as bona fide public eating places selling the beer, wine, or distilled spirits produced, distributed, or imported by a nonretail industry member in response to a direct inquiry from a consumer, as specified, does not constitute a thing of value or prohibited inducement to the listed on-sale retailer, if specified conditions are met.
This bill would provide that the listing of names, addresses, telephone numbers, or email addresses in other forms of electronic media do not constitute a thing of value and would revise the direct inquiry provisions to remove the requirement that the unaffiliated on-sale retailer operate and be licensed as a bona fide public eating place.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 25500.1 of the Business and Professions Code is repealed.

SEC. 2.

 Section 25500.2 of the Business and Professions Code is amended and renumbered to read:

25500.1.
 (a) The listing of the names, addresses, telephone numbers, email addresses, or Internet Web site addresses, or other electronic media, of two or more unaffiliated on-sale retailers selling beer, wine, or distilled spirits produced, distributed, or imported by a nonretail industry member in response to a direct inquiry from a consumer received by telephone, by mail, by electronic inquiry, or in person does not constitute a thing of value or prohibited inducement to the listed on-sale retailer, provided all of the following conditions are met:
(1) The listing does not also contain the retail price of the product.
(2) The listing is the only reference to the on-sale retailers in the direct communication.
(3) The listing does not refer only to one on-sale retailer or only to on-sale retail establishments controlled directly or indirectly by the same on-sale retailer.
(4) The listing is made by, or produced by, or paid for, exclusively by the nonretail industry member making the response.
(b) For the purposes of this section, “nonretail industry member” is defined as a manufacturer, including, but not limited to, a beer manufacturer, winegrower, or distiller of alcoholic beverages or an agent of that entity, or a wholesaler, regardless of any other licenses held directly or indirectly by that person.