| 1 | | - | Senate Bill No. 788 CHAPTER 114 An act to amend Section 23357 of the Business and Professions Code, relating to alcoholic beverages. [ Approved by Governor July 21, 2023. Filed with Secretary of State July 21, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 788, Ashby. Beer manufacturers: cider and perry.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, authorizes a licensed beer manufacturer that produces more than 60,000 barrels of beer a year to manufacture cider or perry at the licensed production premises and to sell cider or perry to any licensee authorized to sell wine.This bill would remove the barrel production requirement that a licensed beer manufacturer must meet in order to exercise the manufacturing and sales privileges described above.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 23357 of the Business and Professions Code is amended to read:23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 1 | + | Enrolled July 06, 2023 Passed IN Senate April 13, 2023 Passed IN Assembly July 03, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 788Introduced by Senator Ashby(Principal coauthor: Assembly Member Aguiar-Curry)(Coauthor: Assembly Member Berman)February 17, 2023 An act to amend Section 23357 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 788, Ashby. Beer manufacturers: cider and perry.Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, authorizes a licensed beer manufacturer that produces more than 60,000 barrels of beer a year to manufacture cider or perry at the licensed production premises and to sell cider or perry to any licensee authorized to sell wine.This bill would remove the barrel production requirement that a licensed beer manufacturer must meet in order to exercise the manufacturing and sales privileges described above.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 23357 of the Business and Professions Code is amended to read:23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 14 | 23 | | |
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| 15 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 25 | | |
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| 17 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 27 | | |
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| 19 | 28 | | SB 788, Ashby. Beer manufacturers: cider and perry. |
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| 20 | 29 | | |
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| 21 | 30 | | Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, authorizes a licensed beer manufacturer that produces more than 60,000 barrels of beer a year to manufacture cider or perry at the licensed production premises and to sell cider or perry to any licensee authorized to sell wine.This bill would remove the barrel production requirement that a licensed beer manufacturer must meet in order to exercise the manufacturing and sales privileges described above. |
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| 22 | 31 | | |
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| 23 | 32 | | Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, authorizes a licensed beer manufacturer that produces more than 60,000 barrels of beer a year to manufacture cider or perry at the licensed production premises and to sell cider or perry to any licensee authorized to sell wine. |
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| 24 | 33 | | |
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| 25 | 34 | | This bill would remove the barrel production requirement that a licensed beer manufacturer must meet in order to exercise the manufacturing and sales privileges described above. |
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| 26 | 35 | | |
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| 27 | 36 | | ## Digest Key |
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| 28 | 37 | | |
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| 29 | 38 | | ## Bill Text |
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| 30 | 39 | | |
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| 31 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 23357 of the Business and Professions Code is amended to read:23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 32 | 41 | | |
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| 33 | 42 | | The people of the State of California do enact as follows: |
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| 34 | 43 | | |
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| 35 | 44 | | ## The people of the State of California do enact as follows: |
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| 36 | 45 | | |
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| 37 | 46 | | SECTION 1. Section 23357 of the Business and Professions Code is amended to read:23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 38 | 47 | | |
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| 39 | 48 | | SECTION 1. Section 23357 of the Business and Professions Code is amended to read: |
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| 40 | 49 | | |
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| 41 | 50 | | ### SECTION 1. |
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| 42 | 51 | | |
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| 43 | 52 | | 23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 44 | 53 | | |
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| 45 | 54 | | 23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 46 | 55 | | |
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| 47 | 56 | | 23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:(1) Sell that beer to any person holding a license authorizing the sale of beer.(2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section.(d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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| 48 | 57 | | |
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| 49 | 58 | | |
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| 50 | 59 | | |
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| 51 | 60 | | 23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges: |
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| 52 | 61 | | |
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| 53 | 62 | | (1) Sell that beer to any person holding a license authorizing the sale of beer. |
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| 54 | 63 | | |
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| 55 | 64 | | (2) Sell that beer to consumers for consumption on the manufacturers licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer. |
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| 56 | 65 | | |
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| 57 | 66 | | (3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturers licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer. |
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| 58 | 67 | | |
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| 59 | 68 | | (b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturers certificates may be issued and may hold retail package off-sale beer and wine licenses. Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. |
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| 60 | 69 | | |
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| 61 | 70 | | (c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine. For purposes of this subdivision, cider and perry have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section. |
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| 62 | 71 | | |
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| 63 | 72 | | (d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product. |
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