Bill Text: CA AB2135 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Alcoholic beverages: revenue sharing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 131, Statutes of 2016. [AB2135 Detail]

Download: California-2015-AB2135-Chaptered.html

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BILL NUMBER: AB 2135	CHAPTERED
	BILL TEXT

	CHAPTER  131
	FILED WITH SECRETARY OF STATE  AUGUST 17, 2016
	APPROVED BY GOVERNOR  AUGUST 17, 2016
	PASSED THE SENATE  AUGUST 1, 2016
	PASSED THE ASSEMBLY  APRIL 28, 2016
	AMENDED IN ASSEMBLY  APRIL 11, 2016

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 17, 2016

   An act to add Section 23300.1 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2135, Levine. Alcoholic beverages: revenue sharing.
   Existing law, the Alcoholic Beverage Control Act, which is
administrated by the Department of Alcoholic Beverage Control,
regulates the application, issuance, and suspension of alcoholic
beverage licenses. Existing law establishes specified types of
alcoholic beverage licenses and prescribes the rights and duties of
the respective licensees. Existing law prohibits a person from
exercising a privilege or performing any act for which a license is
required, and a violation of this prohibition a misdemeanor or a
felony, as specified.
   This bill would specify that a written agreement regarding the
sharing or splitting of gross revenue from the sale of alcoholic
beverages between a licensee and a district agricultural association,
the California Exposition and State Fair, a county fair, or a citrus
fruit fair, in connection with the sale of alcoholic beverages
during a state or county fair is not the exercise of a license
privilege or performance of an act for which a license is required,
except as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23300.1 is added to the Business and
Professions Code, to read:
   23300.1.  (a) A written agreement regarding the sharing or
splitting of gross revenue from the sale of alcoholic beverages
between a licensee and a district agricultural association, the
California Exposition and State Fair, a county fair, or a citrus
fruit fair, in connection with the sale of alcoholic beverages during
a state or county fair is not the exercise of a license privilege or
performance of an act for which a license is required, unless the
agreement, or any other related agreement or understanding, results
in an unlicensed person exercising control or undue influence over a
licensee or the operation of a licensed business.
   (b) Notwithstanding subdivision (a), all other provisions of this
division shall apply to the written agreement.