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AB-2460 Alcoholic beverages: licenses: art galleries. (2017-2018)

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Date Published: 02/14/2018 09:00 PM
AB2460:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2460


Introduced by Assembly Member Harper
(Coauthors: Assembly Members Mathis and Voepel)
(Coauthors: Senators Berryhill and Wiener)

February 14, 2018


An act to add Section 23356.4 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 2460, as introduced, Harper. Alcoholic beverages: licenses: art galleries.
Existing law makes it unlawful for any person other than a licensee of the Department of Alcoholic Beverage Control to sell, manufacture, or import alcoholic beverages in this state.
This bill would provide that a license or permit is not needed for an art gallery, as defined, to provide wine and beer to patrons, for consumption on the gallery premises, subject to specified conditions, including that the price of the wine and beer is not included in the sales price of any piece of art or merchandise sold by the gallery.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23356.4 is added to the Business and Professions Code, to read:

23356.4.
 (a) An art gallery shall not be required to obtain a license or permit to furnish or give away beer and wine to patrons of the gallery for consumption on the gallery premises subject to the following conditions:
(1) The costs of the wine and beer are not included in the sales price of any art or merchandise sold by the gallery.
(2) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a patron.
(3) The beer and wine is provided only during business hours and in no case later than 10 p.m.
(b) For purposes of this section:
(1) “Art” means any work of visual or graphic art of any media.
(2) “Art gallery” means an indoor location where art is exhibited, offered for sale, and sold to the general public. The sole purpose of an art gallery shall be the business of selling art.
(c) Nothing in this section shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this section, pursuant to Section 23791.
(d) Nothing in this section shall apply to a museum that is principally operated to exhibit art to the general public that is not offered for sale.