California 2023 2023-2024 Regular Session

California Assembly Bill AB1088 Enrolled / Bill

Filed 09/08/2023

                    Enrolled  September 08, 2023 Passed IN  Senate  September 06, 2023 Passed IN  Assembly  May 30, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member Blanca RubioFebruary 15, 2023An act to amend Section 23504.5 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 1088, Blanca Rubio. Licensed craft distillers: direct shipping.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 provides for the licensure and regulation of craft distillers and prohibits issuance of a craft distillers license to any person, or any officer, director, employee, or agent of a person, among others, who manufactures more than 150,000 gallons of distilled spirits per year within or without the state, as specified. Existing law, until January 1, 2024, authorizes a licensed craft distiller to directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer pursuant to specified requirements.This bill would extend, until January 1, 2025, the authorization for a licensed craft distiller to directly ship distilled spirits.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23504.5 of the Business and Professions Code is amended to read:23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

 Enrolled  September 08, 2023 Passed IN  Senate  September 06, 2023 Passed IN  Assembly  May 30, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member Blanca RubioFebruary 15, 2023An act to amend Section 23504.5 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 1088, Blanca Rubio. Licensed craft distillers: direct shipping.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 provides for the licensure and regulation of craft distillers and prohibits issuance of a craft distillers license to any person, or any officer, director, employee, or agent of a person, among others, who manufactures more than 150,000 gallons of distilled spirits per year within or without the state, as specified. Existing law, until January 1, 2024, authorizes a licensed craft distiller to directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer pursuant to specified requirements.This bill would extend, until January 1, 2025, the authorization for a licensed craft distiller to directly ship distilled spirits.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  September 08, 2023 Passed IN  Senate  September 06, 2023 Passed IN  Assembly  May 30, 2023 Amended IN  Assembly  March 09, 2023

Enrolled  September 08, 2023
Passed IN  Senate  September 06, 2023
Passed IN  Assembly  May 30, 2023
Amended IN  Assembly  March 09, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1088

Introduced by Assembly Member Blanca RubioFebruary 15, 2023

Introduced by Assembly Member Blanca Rubio
February 15, 2023

An act to amend Section 23504.5 of the Business and Professions Code, relating to alcoholic beverages. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1088, Blanca Rubio. Licensed craft distillers: direct shipping.

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 provides for the licensure and regulation of craft distillers and prohibits issuance of a craft distillers license to any person, or any officer, director, employee, or agent of a person, among others, who manufactures more than 150,000 gallons of distilled spirits per year within or without the state, as specified. Existing law, until January 1, 2024, authorizes a licensed craft distiller to directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer pursuant to specified requirements.This bill would extend, until January 1, 2025, the authorization for a licensed craft distiller to directly ship distilled spirits.

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 provides for the licensure and regulation of craft distillers and prohibits issuance of a craft distillers license to any person, or any officer, director, employee, or agent of a person, among others, who manufactures more than 150,000 gallons of distilled spirits per year within or without the state, as specified. Existing law, until January 1, 2024, authorizes a licensed craft distiller to directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer pursuant to specified requirements.

This bill would extend, until January 1, 2025, the authorization for a licensed craft distiller to directly ship distilled spirits.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 23504.5 of the Business and Professions Code is amended to read:23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

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 23504.5 of the Business and Professions Code is amended to read:23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SECTION 1. Section 23504.5 of the Business and Professions Code is amended to read:

### SECTION 1.

23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.



23504.5. (a) Notwithstanding any other provision of this division to the contrary, a licensed craft distiller may directly ship distilled spirits manufactured or produced by the licensee at its premises to a consumer only if they comply with all of the following requirements:

(1) The amount shipped shall not exceed the equivalent of 2.25 liters in any combination of prepackaged containers per day per consumer and shall be solely for the consumers personal use and not for resale.

(2) The licensed craft distiller shall maintain adequate records of the shipments and provide those records to the department upon request.

(3) The licensed craft distiller shall require the common carrier to obtain the signature of any individual 21 years of age or older before delivering any distilled spirits shipped to an individual in this state.

(4) The containers in which the distilled spirits are shipped shall be conspicuously labeled with the words: CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 YEARS OR OLDER REQUIRED FOR DELIVERY.

(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.