Today's Law As Amended

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AB-2573 Beer: premiums, gifts, and free goods.(2017-2018)



SECTION 1.

 Section 25600.05 is added to the Business and Professions Code, to read:

25600.05.
 (a) For purposes of this section:
(1) “Beer manufacturer” has the same meaning as that term is defined in subparagraph (B) of paragraph (2) of subdivision (b) of Section 25600.
(2) “Case” means a box containing up to 24 pieces of glassware.
(3) “Glassware” means a single-service glass container or nonglass container capable of holding no more than 23 ounces of liquid volume.
(4) “Retail advertising glassware” means glassware that bears conspicuous advertising required of a sign.
(b) Notwithstanding Section 25600 or any other law to the contrary:
(1) A beer manufacturer, without direct or indirect charge, may give up to five cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location. The giving of retail advertising glassware shall not be conditioned upon the purchase of the beer manufacturer’s product.
(2) An on-sale retail licensee may accept, without direct or indirect charge, up to 10 cases of retail advertising glassware, per licensed location, from licensed beer manufacturers each calendar year for use at the licensed location. The on-sale retail licensee shall not sell the retail advertising glassware, give it away, or return it to a manufacturer for cash, credit, or replacement. The on-sale retail licensee shall not condition the purchase of a beer manufacturer’s product or products on the giving of retail advertising glassware by that beer manufacturer.
(c) Except as provided in paragraph (1) of subdivision (b) of Section 25600, a beer wholesaler shall not directly or indirectly underwrite, share in, or contribute to the costs of glassware or any costs of transportation or shipping or serve as the agent of the beer manufacturer to deliver, stock, or store glassware for an on-sale retailer.
(d) A licensee authorized to give glassware pursuant to this section shall not be precluded from doing so on the basis of having an interest in any other type of alcoholic beverage license within or outside of the state.
(e) A beer manufacturer and an on-sale retail licensee shall keep and maintain records for a three-year period of all glassware given or received pursuant to this section.