Today's Law As Amended


PDF |Add To My Favorites |Track Bill | print page

SB-561 Alcoholic beverage licensees: manufacturers and retailers: shared common licensed area.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 25607.1 is added to the Business and Professions Code, to read:

25607.1.
 (a) Notwithstanding any provision to the contrary, a manufacturer may share a common licensed area with multiple retailers, subject to all of the following conditions:
(1) A retailer sharing a common licensed area with a manufacturer shall not sell or serve any alcoholic beverages that are manufactured, produced, bottled, processed, imported, rectified, distributed, represented, or sold by the manufacturer, directly or indirectly. This prohibition shall apply to all licensed premises owned or operated, in whole or in part, by the retailer anywhere in the state.
(2) All retailers sharing the common licensed area shall hold the same license type. Nothing in this section shall authorize any of the retailers to exercise license privileges that are not authorized by their license.
(3) All licensees holding licenses within the shared common licensed area shall be jointly responsible for compliance with all laws that may subject their license to disciplinary action.
(b) The manufacturer may, in connection with the operation of the shared common licensed area only, advertise or promote the retailers sharing the common licensed area and may share in the cost of the operation of the shared common licensed area. The manufacturer shall not give or furnish any other thing of value to the retailers.
(c) Notwithstanding Section 25607, the manufacturer may have on the area of its licensed premises that encompass the shared common licensed area alcoholic beverages that would not otherwise be permitted on the manufacturer’s licensed premises. This provision does not authorize the possession of alcoholic beverages not otherwise permitted on the manufacturer’s licensed premises that are not part of the shared common licensed area.
(d) This section does not authorize a manufacturer to share a common licensed area with a single retailer or with multiple retailers under common ownership, in whole or in part.
(e) This section is intended to be a narrow exception to the separation of manufacturers and retailers. This section shall be narrowly construed.
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.