California Senate Bill SB131 Introduced / Bill

 BILL NUMBER: SB 131INTRODUCED BILL TEXT INTRODUCED BY Senator Wiggins FEBRUARY 9, 2009 An act to amend Section 25500.1 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST SB 131, as introduced, Wiggins. Alcoholic beverages: tied-house restrictions. The Alcoholic Beverage Control Act contains limitations on sales commonly known as "tied-house" restrictions, which generally prohibit a manufacturer, winegrower, manufacturer's agent, California winegrower's agent, rectifier, distiller, bottler, importer, or wholesaler from furnishing, giving, or lending any money or other thing of value to any person engaged in operating, owning, or maintaining any off-sale licensed premises. Existing law provides that, for purposes of these provisions, the listing of the names, addresses, telephone numbers or e-mail addresses, or both, or web site addresses, of two or more unaffiliated on-sale retailers selling wine or brandy, or both, and operating and licensed as bona fide public eating places selling the wine or brandy produced, distributed or imported by a nonretail industry member in response to a direct inquiry from a consumer received by telephone, by mail, by electronic Internet inquiry or in person does not constitute a thing of value or prohibited inducement to the listed on-sale retailer, if specified conditions are met. This bill would revise the direct inquiry provisions to include any electronic inquiries from consumers. This bill would also make technical, nonsubstantive changes to this provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25500.1 of the Business and Professions Code is amended to read: 25500.1.  (a)    Notwithstanding Section 25500, the listing of the names, addresses, telephone  numbers and/or   numbers,  e-mail addresses, or  web   Internet Web6+  site addresses, of two or more unaffiliated on-sale retailers selling  wine and/or brandy   wine, brandy, or both wine and brandy  and operating and licensed as bona fide public eating places pursuant to Section 23038 selling the  wine and/or brandy   wine, brandy, or both wine and brandy  produced,  distributed and/or imported   distributed, imported, or both distributed and imported  by a nonretail industry member in response to a direct inquiry from a consumer received by telephone, by mail, by electronic  Internet  inquiry or in person does not constitute a thing of value or prohibited inducement to the listed on-sale retailer, provided:  (a)  (1)  The listing does not also contain the retail price of the product, and  (b)   (2)  The listing is the only reference to the on-sale retailers in the direct communication, and  (c)   (3)  The listing does not refer only to one on-sale retailer or only to on-sale retail establishments controlled directly or indirectly by the same on-sale retailer, and  (d)   (4)  The listing is made by,  and/or produced by, and/or paid for   produced by, or paid for, or any combination thereof  , exclusively by the nonretail industry member making the response.  For   (b)     For  the purposes of this section, "nonretail industry member" is defined as a manufacturer, winegrower, distiller of  wine and/or brandy   wine, brandy, or both  , regardless of any other licenses held directly or indirectly by such person. Except as specifically provided above, any payment for, making or production, either directly or indirectly, listing the names, addresses, telephone  numbers and/or   numbers,  e-mail addresses, or  web   Internet Web  site addresses, of on-sale retailers otherwise authorized by this section by a wholesaler or by a wholesaler that also holds an importer's license shall constitute the furnishing of a thing of value or inducement to the listed on-sale retailers in violation of this division.