AB 776 California Assembly · 2015-2016 Regular Session

Alcoholic beverage control.

Summary
(1) The Alcoholic Beverage Control Act regulates the application for, the issuance of, the suspension of, and the conditions imposed upon, various alcoholic beverage licenses pursuant to which the licensees may exercise specified privileges in the state. This bill would authorize licensees to sponsor or otherwise participate in an event conducted by, and for the benefit of, a nonprofit organization subject to specified conditions, including that a nonretail or retail licensee may choose to participate in any level of sponsorship. (2) The Alcoholic Beverage Control Act authorizes a licensed winegrower to apply to the Department of Alcoholic Beverage Control for a wine sales event permit that allows the sale of bottled wine produced by that winegrower at specified events approved by the department. The act prohibits a wine sales event permit from being used more than 2 times a month at a particular location, and requires the winegrower to pay a fee of $50 for the permit. The act provides that moneys collected as fees pursuant to the act are to be deposited in the Alcohol Beverage Control Fund. These moneys are generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. This bill would authorize a licensed beer manufacturer to apply to the department for a brewery event permit that allows the sale of beer produced by that beer manufacturer for consumption on property contiguous and adjacent to the licensed premises of the manufacturer, as provided. The bill would authorize a fee for a brewery event permit of $110 for the 2016 calendar year, and thereafter as provided, and an event authorization fee of not more than $25 for each approved event. The bill would allow up to 4 authorized events each calendar year. (3) Existing law, known as tied-house restrictions, generally prohibits a manufacturer, winegrower, manufacturer's agent, rectifier, California winegrower's agent, distiller, bottler, importer, and wholesaler, and any officer, director, or agent of any of those persons, from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law specifies that the Alcoholic Beverage Control Act does not prohibit holders of retail on-sale or off-sale licenses from purchasing advertising in any publication by specified alcoholic beverage licensees. This bill would specify that the act does not prohibit purchasing advertising in a publication published by a nonretail licensee, as defined, and would include Internet Web sites and social media feeds as types of publications for these purposes. (4) The Alcoholic Beverage Control Act authorizes specified licensees to purchase alcoholic beverages for resale under specified circumstances. The act provides that a person convicted of a violation of its provisions is guilty of a misdemeanor unless another penalty or punishment is specifically provided. This bill would prohibit a retail licensee from purchasing beer from any beer manufacturer for the purpose of selling or offering to sell that beer under specified circumstances, including where the beer container contains the statement or is marked "Not Packaged for Resale". By expanding the scope of a crime, this 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. (5) Existing law requires the Department of Alcoholic Beverage Control, in any hearing on an accusation charging a licensee with a violation of specified provisions relating to minors, to produce the alleged minor for examination at the hearing unless he or she is unavailable as a witness because he or she is dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. Existing law provides that when a minor is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor if the administrative law judge finds that it is reasonably likely that the minor can be produced within a reasonable amount of time. This bill would state that the above provisions are not intended to preclude the continuance of a hearing because of the unavailability of a minor for any other reason pursuant to a specified provision.
Bill status signed all 5 stages cleared
Introduction
Feb 2015
Committee Review
Sep 2015
Assembly Passage
May 2015
Senate Passage
Sep 2015
Signed into Law
Oct 2015
Introduced Feb 25, 2015 Signed Oct 6, 2015
Floor votes · Senate Sep 11, 2015 · Assembly Sep 11, 2015

How they voted

34–1
Passed
Total votes 35
Sep 11, 2015
D Democratic24
24 Yea
100% Yea
R Republican11
10 Yea 1 Nay
90% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
9
Committee
13
Amendments
1
Oct 6, 2015
Signed into law
Approved by the Governor.
legislature
Sep 11, 2015
Assembly · Passed
Assembly Vote: pass (72-0-3)
assembly
Sep 11, 2015
Senate · Passed
Senate Vote: pass (34-1)
senate
Sep 11, 2015
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 3164.).
lower
Sep 11, 2015
Lower · Passed
From committee: That the Senate amendments be concurred in. (Ayes 19. Noes 0.) (September 11).
lower
Sep 11, 2015
Committee
Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2.
lower
Sep 10, 2015
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 17, 2015
Upper · Passed
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
upper
Aug 17, 2015
Committee
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jul 14, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 14). Re-referred to Com. on APPR.
upper
Jun 4, 2015
Committee
Referred to Com. on G.O.
upper
May 20, 2015
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20).
lower
Apr 28, 2015
Committee
From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (April 27). Re-referred to Com. on APPR.
lower
Apr 16, 2015
Committee
Re-referred to Com. on G.O.
lower
Apr 8, 2015
Lower · Passed
In committee: Hearing postponed by committee.
lower
Mar 12, 2015
Committee
Referred to Com. on G.O.
lower
Feb 26, 2015
Lower · Passed
From printer. May be heard in committee March 28.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jim Cooper
Jim Cooper
DDemocratic
CA
9