Brewpub-restaurant licensees: beer sales.

The Alcoholic Beverage Control Act provides for the issuance of various categories of alcoholic beverage licenses, including the imposition of fees, conditions, and restrictions in connection with the issuance of those licenses. Existing law authorizes the issuance of a brewpub-restaurant license, as a form of on-sale retail license, to persons or entities who manufacture not less than 100 barrels and not more than 5,000 barrels of beer annually on the licensed premises, subject to specified conditions and restrictions, and authorizes the sale of beer produced by the licensee for consumption on the premises. The act also prescribes requirements for licenses for the manufacture, distribution, and sale of beer, and allows beer manufacturers to refill containers supplied by consumers, as provided. The act provides that a violation of its provisions is a misdemeanor if not otherwise specified. This bill would revise the definition of brewpub-restaurant license to require that the licensed premises have a minimum 7-barrel commercial brewing system located permanently onsite, that is capable of producing at least 7 barrels of beer per brewing cycle. The bill would increase the minimum amount to be manufactured by the licensee to 200 barrels. The bill would require that beer produced on the premises be offered for sale to consumers for consumption on or off the premises in a bona fide manner, as specified. The bill would authorize a brewpub-restaurant licensee to label, bottle, package, or refill any container with beer produced on the licensed premises, to sell beer produced by the licensee for consumption off the premises, as provided, and to donate or sell beer manufactured by the licensee to specified nonprofit organizations, as provided. The bill would except donated beer from inclusion in the calculation of minimum amounts of beer production required to be manufactured and sold for purposes of the brewpub-restaurant license. The bill would limit the amount that specified brewpub-restaurant licenses may be sold or transferred for and would impose a limitation on the number of licenses that may be issued as of a specified date. The bill would require a license holder to maintain records to establish compliance with brewpub-restaurant license requirements, as specified. By expanding the definition 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.