California 2015-2016 Regular Session

California Assembly Bill AB1547 Latest Draft

Bill / Introduced Version Filed 09/11/2015

 BILL NUMBER: AB 1547INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Cooper SEPTEMBER 11, 2015 An act to add Section 23406 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST AB 1547, as introduced, Cooper. Alcoholic beverages: major event license. The Alcoholic Beverage Control Act provides for various licenses and permits, including a certified farmers' market sales permit, an event permit, and a wine sales event permit. This bill would authorize the department to issue a major event license to a promoter or organizer of a major event, as defined, that would authorize the licensee to sell alcoholic beverages for consumption on the premises of the major event, subject to specified conditions. The bill would establish a fee in an unspecified amount for a major event license. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 23406 is added to the Business and Professions Code, to read: 23406. (a) A major event license may be issued by the department upon application by a promoter or organizer of the major event. The department shall not issue the license unless the appropriate local law enforcement agency has approved the event. A major event license shall authorize the licensee to sell alcoholic beverages for consumption by members of the public on the premises of a major event during the event. (b) For purposes of this section, "major event" means an event featuring live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events at entertainment facilities, parks, fairgrounds, auditoriums, arenas, or other areas or venues that are designed for, or set up to be, lawfully used for live artistic, musical, sports, food, beverage, culinary, lifestyle, or other cultural entertainment events, and at which it is expected that in excess of 10,000 people per day will attend. (c) A promoter or organizer of a major event shall obtain a major event license for each major event, not to exceed three major event licenses in any calendar year. A major event license shall be for consecutive days and for the duration of the major event. (d) The holder of a major event license may enter into a written contract with an on-sale retail licensee that holds a caterer's permit that provides that the on-sale retail licensee shall sell alcoholic beverages for consumption by members of the public on the premises of the major event during the event. The contract may include a provision that allows the major event licensee to share in the proceeds of the sale of alcoholic beverages. If this type of contract, or any other revenue-sharing agreement, is entered into, there shall not be advertising or promotion identifying the on-sale retail licensee. (e) A beer manufacturer, winegrower, winegrower's agent, importer general, distilled spirits manufacturer, distilled spirits rectifier general, wine rectifier, rectifier, or a distilled spirits manufacturer's agent may sponsor a major event for which a major event license has been issued. Sponsorship may be in the form of moneys paid, or goods or services provided, to the major event licensee. Sponsorship may also include the purchase of advertising space and time from, or on behalf of, the major event licensee. (f) Notwithstanding any provision otherwise prohibiting or restricting the sale of alcoholic beverages by sponsors to retail licensees, sponsorships may include the provision of alcoholic beverages in lieu of monetary payments. With respect to the provision of beer, the value of any beer provided in lieu of monetary payment shall be determined based upon price schedules filed with the department in accordance with Section 25000 and related provisions and regulations. (g) Except for alcoholic beverages sold by a caterer pursuant to a contract described in subdivision (d), alcoholic beverages provided by sponsors in lieu of monetary payments shall not be provided to, or sold by, any permanent retail licensee. (h) No major event license shall be issued to the applicant if the department determines that exercising of the privileges by that applicant will be contrary to public welfare and morals. (i) The fee for each major event license shall be _____, which is equal to the cost of issuing the license.