Today's Law As Amended


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AB-933 Distilled spirits manufacturers: licenses: tastings. (2013-2014)



As Amends the Law Today


SECTION 1.
 (a) The Legislature finds and declares that a tasting of distilled spirits or brandy is a presentation of samples of one or more distilled spirits or brandies, representing one or more distilled spirits or brandy manufacturers, to a group of consumers for the purpose of acquainting the tasters with the characteristics of the distilled spirits or brandy tasted.
(b) The Legislature also finds and declares that it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques. The Legislature further finds that the exceptions established by Sections 23363.1 and 23363.3 of the Business and Professions Code to the general prohibition against tied interests must be limited to their express terms so as not to undermine the general prohibition, and intends that these sections be construed accordingly.

SEC. 2.

 Section 23363.1 of the Business and Professions Code is amended to read:

23363.1.
 (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 such  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  Tastings of  distilled spirits shall not exceed one-fourth of  one and one-half ounces  ounce and shall be limited to no more than six tastes  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.
(4) Tastings of distilled spirits shall not be given in the form of a cocktail or a mixed drink.
(d) 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.
(e) 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.

SEC. 3.

 Section 23363.3 is added to the Business and Professions Code, to read:

23363.3.
 (a) A brandy manufacturer’s license authorizes the licensee to conduct tastings of brandy produced or bottled by, or produced or bottled for, the licensee, on or off the licensee’s premises.
(b) (1) A brandy manufacturer shall not sell or solicit sales of brandy at the 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) Tastings of brandy shall not exceed one-fourth of one ounce and shall be limited to no more than six tastes 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 brandy.
(4) Tastings of brandy shall not be given in the form of a cocktail or a mixed drink.
(d) Notwithstanding Section 25600, the licensee may provide brandy without charge for any tastings conducted pursuant to this section. The licensee may charge for tastings conducted by the licensee on its licensed premises.
(e) This section shall not relieve the holder of a brandy manufacturer’s license of any civil or criminal liability arising out of a violation of Section 25602.
SEC. 4.
 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.