Bill Text: CA AB636 | 2013-2014 | Regular Session | Chaptered
Bill Title: Alcoholic beverages: tied-house restrictions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-23 - Chaptered by Secretary of State - Chapter 329, Statutes of 2013. [AB636 Detail]
Download: California-2013-AB636-Chaptered.html
BILL NUMBER: AB 636 CHAPTERED
BILL TEXT
CHAPTER 329
FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2013
APPROVED BY GOVERNOR SEPTEMBER 23, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 30, 2013
AMENDED IN SENATE AUGUST 15, 2013
INTRODUCED BY Assembly Member Hall
FEBRUARY 20, 2013
An act to amend Section 25503.4 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 636, Hall. Alcoholic beverages: tied-house restrictions.
(1) Existing law, known as tied-house restrictions, prohibits
specified licensees from furnishing, giving, or lending money or
other things of value, directly or indirectly, to a person engaged in
operating, owning, or maintaining an off-sale licensed premises.
Existing law permits, until January 1, 2016, the appearance of a
person employed or engaged by an authorized licensee at a promotional
event held at the premises of an off-sale retail licensee for the
purposes of providing autographs, subject to specified conditions.
Existing law generally prohibits a winegrower, a California
winegrower's agent, importer, or other specified parties from
providing a licensee alcoholic beverages as a free good as a part of
any sale or transaction involving alcoholic beverages or furnishing
anything of value to a licensee for specified purposes. Existing law
excepts from this prohibition a winegrower, California winegrower's
agent, importer, or other specified parties when conducting or
participating in an instructional event for consumers held at a
retailer's premises featuring wines produced by or for the winegrower
or imported by the importer, subject to specified conditions. The
Alcoholic Beverage Control Act provides that a violation of any of
its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor.
This bill would permit a winegrower, California winegrower's
agent, importer, or other specified parties appearing at an
instructional event, as specified, to provide autographs to consumers
on consumer advertising specialties given by the person to a
consumer or on any item provided by a consumer. The bill would expand
the definition of an existing crime, thus imposing a state-mandated
local program. The bill would also prohibit a requirement of the
purchase of any alcoholic beverage in connection with the
autographing.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25503.4 of the Business and Professions Code is
amended to read:
25503.4. (a) Notwithstanding any other provision of this
division, a winegrower, California winegrower's agent, wine importer,
or any director, partner, officer, agent, or representative of that
person, may conduct or participate in, and serve wine at, an
instructional event for consumers held at a retailer's premises
featuring wines produced by or for the winegrower or, imported by the
wine importer, subject to the following conditions:
(1) No premium, gift, free goods, or other thing of value may be
given away in connection with the instructional event by the
winegrower, California winegrower's agent, wine importer, or
retailer, except as authorized by this division.
(2) No alcoholic beverages may be given away in connection with
the instructional event except that minimal amounts of wine, taken
from barrels or from tanks, may be supplied and provided as samples
at the instructional event. A person authorized by subdivision (a)
may also provide no more than three one-ounce tastes of wine per
consumer at the instructional event from bottles of wine provided by
the authorized person. For purposes of this section, minimal amounts
of the samples or tastes provided at the instructional event do not
constitute a thing of value. Following the instructional event, any
unused wine provided by the authorized person shall be removed from
the retailer's premises by the authorized person.
(3) No alcoholic beverages may be sold at the instructional event,
except that orders for the sale of wine may be accepted by the
winegrower if the sales transaction is completed at the winegrower's
premises.
(b) Notwithstanding Section 25502.2, a person identified in
subdivision (a) appearing at an instructional event described in
subdivision (a) may, in addition to other permitted activities,
provide autographs to consumers on consumer advertising specialties
given by the person to a consumer or on any item provided by a
consumer. No purchase of any alcoholic beverage shall be required in
connection with such autographing.
(c) Notwithstanding any other provision of this division, a
winegrower, California winegrower's agent, or wine importer, in
advance of an instructional event for consumers being held at a
retailer's premises, may list in an advertisement the name and
address of the retailer, the names of the wines being featured at the
instructional event, and the time, date, and location of, and other
information about, the instructional event, provided:
(1) The advertisement does not also contain the retail price of
the wines.
(2) The listing of the retailer's name and address is the only
reference to the retailer in the advertisement and is relatively
inconspicuous in relation to the advertisement as a whole. Pictures
or illustrations of the retailer's premises and laudatory references
to the retailer in these advertisements are not hereby authorized.
(d) Notwithstanding any other provision of this division, the name
and address of a winegrower, wine importer, or winegrower's agent
licensee, the brand names of wine being featured, and the time, date,
location, and other identifying information of a wine promotional
lecture at retail premises may be listed in advance of the event in
an advertisement of the off-sale or on-sale retail licensee.
(e) Nothing in this section authorizes a winegrower, wine
importer, or winegrower's agent licensee to share in the costs, if
any, of the retailer licensee's advertisement.
(f) Nothing in this section authorizes any person to consume any
alcoholic beverage on any premises licensed with an off-sale retail
license.
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.
