CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1430Introduced by Senator GlazerFebruary 16, 2018 An act to amend Section 23356.1 of Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 1430, as introduced, Glazer. Winegrowers: tasting rooms.(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes a licensed winegrower to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. The department provides for the issuance of a separate winegrowers license, commonly referred to as a duplicate license if a winegrower is operating under an alternating proprietorship, pursuant to which the winegrower is permitted to use the facilities of another winegrower in the course of producing wine. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.This bill would require that a winegrower operating pursuant to an alternating proprietorship be allowed 2 tasting rooms under the duplicate winegrowers license that it has been issued, for purposes of exercising its right to conduct winetastings, as specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.(2) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23356.1 of the Business and Professions Code is amended to read:23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1430Introduced by Senator GlazerFebruary 16, 2018 An act to amend Section 23356.1 of Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 1430, as introduced, Glazer. Winegrowers: tasting rooms.(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes a licensed winegrower to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. The department provides for the issuance of a separate winegrowers license, commonly referred to as a duplicate license if a winegrower is operating under an alternating proprietorship, pursuant to which the winegrower is permitted to use the facilities of another winegrower in the course of producing wine. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.This bill would require that a winegrower operating pursuant to an alternating proprietorship be allowed 2 tasting rooms under the duplicate winegrowers license that it has been issued, for purposes of exercising its right to conduct winetastings, as specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.(2) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1430
Introduced by Senator GlazerFebruary 16, 2018
Introduced by Senator Glazer
February 16, 2018
An act to amend Section 23356.1 of Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1430, as introduced, Glazer. Winegrowers: tasting rooms.
(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes a licensed winegrower to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. The department provides for the issuance of a separate winegrowers license, commonly referred to as a duplicate license if a winegrower is operating under an alternating proprietorship, pursuant to which the winegrower is permitted to use the facilities of another winegrower in the course of producing wine. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.This bill would require that a winegrower operating pursuant to an alternating proprietorship be allowed 2 tasting rooms under the duplicate winegrowers license that it has been issued, for purposes of exercising its right to conduct winetastings, as specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.(2) 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.
(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes a licensed winegrower to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. The department provides for the issuance of a separate winegrowers license, commonly referred to as a duplicate license if a winegrower is operating under an alternating proprietorship, pursuant to which the winegrower is permitted to use the facilities of another winegrower in the course of producing wine. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.
This bill would require that a winegrower operating pursuant to an alternating proprietorship be allowed 2 tasting rooms under the duplicate winegrowers license that it has been issued, for purposes of exercising its right to conduct winetastings, as specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.
(2) 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 23356.1 of the Business and Professions Code is amended to read:23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 23356.1 of the Business and Professions Code is amended to read:23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.
SECTION 1. Section 23356.1 of the Business and Professions Code is amended to read:
### SECTION 1.
23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.
23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.
23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.(d) The department may adopt the rules as it determines to be necessary for the administration of this section.
23356.1. (a) (1) A winegrowers license also authorizes the person to whom issued to conduct winetastings of wine produced or bottled by, or produced and packaged for, the licensee, either on or off the winegrowers premises. When a winetasting is held off the winegrowers premises at an event sponsored by a private nonprofit organization, no wine may be sold, and no sales or orders solicited, except that orders for the sale of wine may be accepted by the winegrower if the sales transaction is completed at the winegrowers premises. For purposes of this subdivision, private nonprofit organization means an organization described in Section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of the Revenue and Taxation Code.
(2) For the purpose of exercising the rights provided under this section, a winegrower operating pursuant to an alternating proprietorship shall be allowed two tasting rooms under the duplicate winegrowers license that it has been issued.
(b) Notwithstanding any other provisions of this division, a winegrower who, prior to July 1, 1970, had, at his or her premises of production, sold to consumers for consumption off the premises domestic wine other than wine which was produced or bottled by, or produced and packaged for, the licensee, and which was not sold under a brand or trade name owned by the licensee, and who had, prior to July 1, 1970, conducted winetastings of the domestic wine at his or her licensed premises, is authorized to continue to conduct the winetasting and selling activities at the licensed premises.
(c) A winegrower who was licensed as such prior to July 1, 1954, and who prior to July 1, 1970, had, at his or her licensed premises, sold to consumers for consumption off the premises, wine packaged for and imported by him or her, and who conducted winetastings of the wines at his or her licensed premises, may continue to conduct the winetasting and selling activities at the licensed premises.
(d) The department may adopt the rules as it determines to be necessary for the administration of this section.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.