AB 2010 — Alcoholic beverages: beer returns: product quality: beer manufacturers: duplicate licenses.

Summary

Existing law, the Alcoholic Beverage Control Act, generally permits a wholesaler or manufacturer to accept the return of beer from a retailer only if the beer is returned in exchange for the identical quantity and brand of beer. Existing law permits a credit memorandum to be issued when a package is broken or damaged when the return and corrections are completed within 15 days, as specified. Existing law provides exceptions from this limitation, including permitting the return of beer by a retailer to a seller, and by a seller to a manufacturer or importer, if the beer is recalled or presents a health or safety issue, as provided. This bill would extend the exception provided for beer that is recalled or presents a health and safety issue, as described above, to beer that has product quality issues, subject to Department of Alcoholic Beverage Control approval. The Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control. Existing law requires a license or permit to manufacture beer, unless the beer is manufactured for personal or family use, under specified conditions. A licensed beer manufacturer may sell beer to consumers at a branch location. Existing law requires the department to issue a duplicate license to a beer manufacturer if the beer manufacturer applies for a duplicate license. Under existing law, for 30 days from the date of the issuance of a duplicate license, retail sales of beer are prohibited at a branch office for which the duplicate license was issued. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified. This bill would, instead, allow the department to issue a duplicate license at its discretion where specified privileges are to be exercised at the branch office. The bill would prohibit the sale or tasting of alcoholic beverages to consumers at more than 6 branch office locations, and allow 2 of the branch office locations to be bona fide eating places owned and operated by and for the beer manufacturer, as provided. The bill would require the department to issue a beer manufacturer temporary permit upon request and payment of a $100 fee and would also authorize the department to issue a duplicate license when specified privileges are not going to be exercised at a branch office. The bill would eliminate the 30-day prohibition on retail sales of beer for a branch office with a duplicate license. Because the violation of a provision of a license is punishable as a misdemeanor, the bill expands the definition of an existing crime, thereby creating a state-mandated local program. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/29/14 - Chaptered Current pdf September 29, 2014
• Enrolled 09/04/14 - Enrolled pdf September 04, 2014
• Amended 08/11/14 - Amended Senate pdf August 11, 2014
• Amended 06/12/14 - Amended Senate pdf June 12, 2014
• Introduced 02/20/14 - Introduced pdf February 20, 2014
• AB2010 View text html

Action History

1. September 29, 2014

   Chaptered by Secretary of State - Chapter 808, Statutes of 2014.

2. September 29, 2014

   Approved by the Governor.

3. September 10, 2014

   Enrolled and presented to the Governor at 4 p.m.

4. August 28, 2014

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6676.).

5. August 28, 2014

   From committee: That the Senate amendments be concurred in. (Ayes 18. Noes 0.) (August 28).

6. August 18, 2014

   Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2.

7. August 14, 2014

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

8. August 14, 2014

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4501.).

9. August 12, 2014

   Read second time. Ordered to third reading.

10. August 11, 2014

    Read third time and amended. Ordered to second reading.

11. August 05, 2014

    Read second time. Ordered to third reading.

12. August 04, 2014

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

13. June 24, 2014

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 24). Re-referred to Com. on APPR.

14. June 12, 2014

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

15. May 08, 2014

    Referred to Com. on G.O.

16. April 24, 2014

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

17. April 24, 2014

    Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4600.)

18. April 10, 2014

    Read second time. Ordered to consent calendar.

19. April 09, 2014

    From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 9).

20. April 02, 2014

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 19. Noes 0.) (April 2). Re-referred to Com. on APPR.

21. March 03, 2014

    Referred to Com. on G.O.

22. February 21, 2014

    From printer. May be heard in committee March 23.

23. February 20, 2014

    Read first time. To print.

Sponsors

• Gray · Primary

Votes

Subjects