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AB-949 Distilled spirits manufacturers: licenses: tastings.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 949


Introduced by Assembly Member Quirk

February 22, 2013


An act to amend Section 23363.1 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 949, as introduced, Quirk. Distilled spirits manufacturers: licenses: tastings.
(1) The Alcoholic Beverage Control Act authorizes a licensed distilled spirits manufacturer to conduct tastings of distilled spirits produced or bottled by, or produced or bottled for, the licensee, on the licensed premises, under specified conditions. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
This bill would authorize licensed distilled spirits manufacturers to charge consumers for tastings and would impose additional conditions on the provision of tastings by the licensee, including limiting the size and number of tastes. The bill would provide that a distilled spirits manufacturer’s license authorizes the licensee to serve and sell food, general merchandise, and nonalcoholic beverages for consumption on or off the premises. By expanding the definition of an existing crime, the bill would impose a state-mandated local program.
(2) 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   Local Program: YES  

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 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. Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization and only if persons attending the event are affiliated with the sponsor. No distilled spirits shall be sold or solicited for sale in that portion of the premises where the distilled spirits tasting is being conducted. Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings conducted pursuant to this section.
(b) Tastings conducted on the licensee’s premises shall be subject to the following conditions:
(1) Any tastings offered onsite shall not exceed one-fourth of one ounce and shall be limited to no more than three tastes per individual per day.
(2) A person under 21 years of age shall not serve tastes of distilled spirits.
(3) Tastings shall only include the products that are authorized to be sold by the licensee.
(c) Notwithstanding Section 25600, the licensee may provide distilled spirits without charge for any tastings or the licensee may charge for tastings, conducted by the licensee on its licensed premises.
(d) A distilled spirits manufacturer’s license authorizes the licensee to serve and sell food, general merchandise, and nonalcoholic beverages for consumption on or off the premises.
(e) Distilled spirits tastings may be conducted by the licensee off the licensee’s premises only for an event sponsored by a nonprofit organization and only if persons attending the event are affiliated with the sponsor. No distilled spirits shall be sold or solicited for sale in that portion of the premises where the distilled spirits tasting is being conducted.

(b)

(f) For purposes of this section:
(1) “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.
(2) “Affiliated with the sponsor” means directors, officers, members, employees, and volunteers of bona fide charitable, fraternal, political, religious, trade, service, or similar nonprofit organizations and their invited guests. Persons “affiliated with the sponsor” also includes up to three guests invited by persons described in this paragraph.

(c)

(g) The sponsoring organization shall first obtain a permit from the department.

(d)

(h) The department may adopt rules and regulations as it determines to be necessary for the administration of this section.

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.