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SB-19 Wine growers: tasting rooms.(2021-2022)

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Date Published: 03/16/2021 09:00 PM
SB19:v97#DOCUMENT

Amended  IN  Senate  March 16, 2021
Amended  IN  Senate  March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 19


Introduced by Senator Glazer
(Principal coauthor: Assembly Member Bauer-Kahan)
(Coauthors: Senators Eggman, Hueso, Jones, Limón, Melendez, Nielsen, and Ochoa Bogh)
(Coauthors: Assembly Members Bennett, Megan Dahle, Flora, Levine, McCarty, and Waldron)

December 07, 2020


An act to amend Section 23390.5 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


SB 19, as amended, Glazer. Wine growers: tasting rooms.
(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.
This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. The bill would also make technical, clarifying changes.
(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 23390.5 of the Business and Professions Code is amended to read:

23390.5.
 (a) As used in this section, “licensed branch office” means any a branch office or warehouse, or United States bonded wine cellar cellar, located away from the licensed winegrower’s or brandy manufacturer’s place of production, production or manufacture, for which a duplicate license has been issued.
(b) Notwithstanding the provisions of Sections 23358, 23360, and 23390, a licensed winegrower or brandy manufacturer shall not sell wine or brandy to consumers or engage in winetasting activities at more than two licensed branch premises. This section is not and shall not be construed to be retroactive and notwithstanding any other provisions of this division shall not prohibit such sales or limit the quantity thereof or prohibit winetasting activities at a licensed branch office or branch offices under the existing duplicate license or licenses therefor in existence on January 1, 1966, or any renewal or transfer thereof or at any licensed branch office opened by the licensee in place of such licensed branch office.

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.