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SB-620 Distilled spirits: tastings.(2021-2022)

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Date Published: 02/19/2021 04:00 AM
SB620:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 620


Introduced by Senator Allen

February 18, 2021


An act to amend Section 23363.1 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


SB 620, as introduced, Allen. Distilled spirits: tastings.
Existing law, the Alcoholic Beverage Control Act, authorizes distilled spirits tastings to be conducted by a distilled spirits manufacturer’s licensee or a craft distiller’s licensee off the licensee’s premises only for an event sponsored by a nonprofit organization. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
This bill would require a nonprofit organization sponsoring the event to keep the permit, or a copy of the permit, at the location of the tasting. By expanding the definition of an existing crime, the bill would impose a state-mandated local program.
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 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 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 distilled spirits shall not exceed one and one-half ounces 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.
(d) The nonprofit organization sponsoring the event shall keep the permit, or a copy of the permit, at the location of the tasting.

(d)

(e) 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)

(f) 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. 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.