Alcoholic beverages: appeals: tied-house restrictions.

The Alcoholic Beverage Control Act establishes the Department of Alcoholic Beverage Control to license the manufacture, importation, and sale of alcoholic beverages. The act also establishes the Alcoholic Beverage Control Appeals Board to review the department's decisions ordering penalty assessments and issuing, denying, transferring, suspending, or revoking a license, as specified. Existing law allows an aggrieved party to file an appeal with the board, so long as the appeal is received in the principal office of the board or, if mailed, registered by the United States Post Office on or before the 10th day after the last day on which reconsideration of the decision could be ordered. Existing law requires a final order by the board to be in writing and delivered personally or by mail to the parties to the appeal. This bill would authorize electronic filing of appeals to the board and electronic delivery of final orders by the board to a party and would make other conforming changes. Existing law requires the board to fix a time and place for argument if a party to an appeal requests the right to appear before the board. This bill would instead provide that the board need only fix a date and time for oral argument if the party requests it. The act prohibits specified holders of alcoholic beverage licenses from having certain relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law permits a manufacturer, winegrower, rectifier, distiller, distilled spirits wholesaler, or any agent of those licensees to conduct market research. Existing law permits the entity conducting the market research, in connection with that research, to purchase from a licensed off-sale retailer data regarding purchases and sales of alcoholic beverage products at the customary rates that the retailer sells similar data for nonalcoholic beverage products, provided that the retailer is not obligated to purchase or sell the alcoholic beverage products of the manufacturer, winegrower, rectifier, or distiller. This bill would additionally include a distilled spirits wholesaler in the provision prohibiting a licensed off-sale retailer from being obligated to purchase or sell the alcoholic beverages of the licensee conducting the market research. Because the violation of this provision would be punishable as a misdemeanor, 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.