Tied-house restrictions: advertising: mixed-use district.

Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant at a specified arena in the County of Orange or the County of Los Angeles. This bill would delete the above-described exception as it applies to the County of Orange. The bill would instead authorize specified licensees to sponsor events promoted by, and to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, operator, agent of the operator, or sole assignee of the operator's advertising rights of a mixed-use district located in the County of Orange. The bill would condition this authorization based on specified requirements, including that the mixed-use district consist of at least 90 acres and include office, residential, retail, and other uses, all of which are situated on land surrounding a fully enclosed arena with a fixed seating capacity in excess of 18,000 seats. The bill would authorize the advertising space or time to be purchased only in connection with retail, dining, entertainment, and events conducted on the grounds of the district and would regulate the location of the advertising that is authorized. The bill would make it a misdemeanor for certain licensees to induce, through coercion or other illegal means, the holder of a wholesaler's license to fulfill contractual obligations, as specified, and for an on-sale licensee to solicit certain licensees to purchase advertising space or time, as specified. By creating crimes, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Orange. 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.