California 2009-2010 Regular Session Status: Passed Assembly

AB 440 — Alcoholic beverages: tied-house restrictions: advertising.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally prohibits a manufacturer of alcoholic beverages and a winegrower from paying, crediting, or compensating a retailer for advertising or paying or giving anything of value for the privilege of placing a sign or advertisement with a retail licensee. It authorizes, as an exception, the holder of a winegrower's license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer's agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner's advertising rights, or major tenant of specified facilities. This bill would expand the exceptions to existing law to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer's agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at specified facilities located in the City of San Jose. This bill would also require on-sale licensees that enter into advertising agreements under this exception to obtain an annual certificate from the Department of Alcoholic Beverage Control, specified information about which will be included by the department in its annual report to the Legislature. The Alcoholic Beverage Control Act provides that a violation of any of its provisions for which another penalty or punishment is not specifically provided is a misdemeanor. This bill would expand existing crimes by imposing additional requirements on a licensee under the act, thus, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. 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.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Re-referred to Com. on G.O.

  4. Re-referred to Com. on RLS.

  5. Withdrawn from committee.

  6. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  7. In committee: Set second hearing. Failed passage. Reconsideration granted.

  8. In committee: Hearing postponed by committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on ED.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time, passed, and to Senate. (Ayes 66. Noes 8. Page 1538.)

  14. Read second time. To third reading.

  15. From committee: Do pass. (Ayes 8. Noes 0.) (May 5).

  16. Re-referred to Com. on HIGHER ED.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  18. Re-referred to Com. on HIGHER ED.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended.

  20. Referred to Com. on HIGHER ED.

  21. From printer. May be heard in committee March 27.

  22. Read first time. To print.

Sponsors

  • Beall · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Beall

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Failed 4 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3302
Democratic 1000
Total 4302
% of votes cast 44%33%0%22%
How each member voted (9)
Member Party Vote
Hancock — Yea
Huff — Not Voting
Alquist — Nay
Liu — Nay
Maldonado — Not Voting
Romero — Nay
Simitian — Yea
Wyland — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 440 BEALL Assembly Third Reading

Passed 77 Yea · 9 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 70806
Democratic 5000
Republican 2100
Total 77906
% of votes cast 84%10%0%7%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Gilmore — Yea
Hagman — Yea
Charles — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Lieu — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Blakeslee — Yea
Cook — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Yamada — Yea
Audra — Nay
Saldana — Not Voting
Eng — Not Voting
Garrick — Nay
Anderson — Nay
Bass — Yea
Duvall — Not Voting
Logue — Nay
Nielsen — Nay
Silva — Not Voting
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Not Voting
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Miller — Nay
Nava — Yea
Price — Not Voting
Solorio — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Coto — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Nay
Galgiani — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 7001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Portantino — Yea
Galgiani — Yea
Cook — Yea
Block — Yea
Huber — Yea
Ma — Yea
Ruskin — Yea
Conway — Not Voting
Fong, Mike Democratic Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 440 do?
Existing law generally prohibits a manufacturer of alcoholic beverages and a winegrower from paying, crediting, or compensating a retailer for advertising or paying or giving anything of value for the privilege of placing a sign or advertisement with a retail licensee. It authorizes, as an exception, the holder of a winegrower's license, a beer manufacturer, a distilled spirits manufacturer, or a distilled spirits manufacturer's agent, to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner's advertising rights, or major tenant of specified facilities. This bill would expand the exceptions to existing law to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer's agents to purchase advertising space and time from, or on behalf of, on-sale retail licensees at specified facilities located in the City of San Jose. This bill would also require on-sale licensees that enter into advertising agreements under this exception to obtain an annual certificate from the Department of Alcoholic Beverage Control, specified information about which will be included by the department in its annual report to the Legislature. The Alcoholic Beverage Control Act provides that a violation of any of its provisions for which another penalty or punishment is not specifically provided is a misdemeanor. This bill would expand existing crimes by imposing additional requirements on a licensee under the act, thus, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. 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.
Who sponsors AB 440?
AB 440 is sponsored by Beall.
What is the current status of AB 440?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 440?
Track AB 440 free on One Click Politics — get push/email alerts when it moves.

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