California 2019-2020 Regular Session Status: Enacted

AB 1133 — Beer: premiums, gifts, and free goods.

Last action — Chaptered by Secretary of State - Chapter 623, Statutes of 2019.

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

This bill has been enacted into law. Introduced February 21, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Alcoholic Beverage Control Act generally prohibits any licensee from giving any premiums, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as permitted by rules adopted by the Department of Alcoholic Beverage Control. The act prohibits the department from adopting a rule that permits a licensee to give any premium, gift, or free good of greater than inconsequential value, in connection with the sale or distribution of beer, except as specified. The act provides, with respect to beer, that premiums, gifts, or free goods, including specified advertising specialties, are deemed to have greater than inconsequential value if they cost more than $0.25 per unit, or cost more than $15 in the aggregate for all those items given by a single supplier to a single retail premises per calendar year. This bill would authorize a beer manufacturer, without direct or indirect charge, to give up to five cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location. The bill would permit an on-sale retail licensee to accept, without direct or indirect charge, up to 10 cases of retail advertising glassware, per licensed location, from licensed beer manufacturers each calendar year for use at the licensed location. The bill would prohibit the on-sale retail licensee from selling the glassware, giving it away, or returning it to a manufacturer for cash, credit, or replacement, would prohibit the on-sale retail licensee from conditioning the purchase of a beer manufacturer's product or products on the giving of retail advertising glassware by that beer manufacturer, and would prohibit a beer wholesaler from contributing to specified costs associated with the glassware or serving as the agent of the beer manufacturer to deliver, stock, or store glassware for an on-sale retailer. The bill would require a beer manufacturer to file records relating to glassware with the Department of Alcoholic Beverage Control and would require both a beer manufacturer and an on-sale retail licensee to keep and maintain records for a 3-year period of all glassware given, purchased, or received pursuant to these provisions, as specified. The bill would prescribe definitions in this regard. The bill would repeal these provisions on January 1, 2023.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 623, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 1. Page 3385.).

  5. Assembly Rule 77 suspended. (Page 3370.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2777.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Ordered to third reading.

  11. Ordered to special consent calendar.

  12. Read second time. Ordered to third reading.

  13. From committee: Do pass. (Ayes 7. Noes 0.) (August 30).

  14. In committee: Referred to APPR. suspense file.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (June 25). Re-referred to Com. on APPR.

  16. Referred to Com. on G.O.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 2. Page 2046.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 18. Noes 0.) (May 16).

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 20. Noes 0.) (April 3). Re-referred to Com. on APPR.

  24. Referred to Com. on G.O.

  25. From printer. May be heard in committee March 24.

  26. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Low

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

AB 1133 Low Concurrence in Senate Amendments

Passed 77 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52000
Democratic 21100
Republican 4001
Total 77101
% of votes cast 97%1%0%1%
How each member voted (79)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1133 Low By Portantino

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 9001
Republican 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Republican 1000
Democratic 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Dodd — Yea
Rubio — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Portantino — Yea
Hill — Yea
Glazer — Yea
Hueso — Yea
Nielsen — Yea
Bradford — Yea
Chang — Yea
Wilk — Yea
Archuleta, Bob Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 1133 Low Assembly Third Reading

Passed 72 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 46105
Democratic 20101
Republican 6000
Total 72206
% of votes cast 90%3%0%8%
How each member voted (80)
Member Party Vote
Fong — Yea
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Holden — Yea
Daly — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Kamlager-Dove — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Levine — Nay
Gray — Not Voting
Cooley — Not Voting
Ting — Not Voting
Eggman — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 11000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bloom — Yea
Brough — Yea
Obernolte — Yea
Maienschein — Yea
Bigelow — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Republican 2000
Democratic 6000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Salas — Yea
Brough — Yea
Mathis — Yea
Bigelow — Yea
Cooley — Yea
Gray — Yea
Daly — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Low — Yea
Cooper — Yea
Melendez — Yea
Eduardo Garcia — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety agriculture
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Frequently asked questions

What does AB 1133 do?
The Alcoholic Beverage Control Act generally prohibits any licensee from giving any premiums, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as permitted by rules adopted by the Department of Alcoholic Beverage Control. The act prohibits the department from adopting a rule that permits a licensee to give any premium, gift, or free good of greater than inconsequential value, in connection with the sale or distribution of beer, except as specified. The act provides, with respect to beer, that premiums, gifts, or free goods, including specified advertising specialties, are deemed to have greater than inconsequential value if they cost more than $0.25 per unit, or cost more than $15 in the aggregate for all those items given by a single supplier to a single retail premises per calendar year. This bill would authorize a beer manufacturer, without direct or indirect charge, to give up to five cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location. The bill would permit an on-sale retail licensee to accept, without direct or indirect charge, up to 10 cases of retail advertising glassware, per licensed location, from licensed beer manufacturers each calendar year for use at the licensed location. The bill would prohibit the on-sale retail licensee from selling the glassware, giving it away, or returning it to a manufacturer for cash, credit, or replacement, would prohibit the on-sale retail licensee from conditioning the purchase of a beer manufacturer's product or products on the giving of retail advertising glassware by that beer manufacturer, and would prohibit a beer wholesaler from contributing to specified costs associated with the glassware or serving as the agent of the beer manufacturer to deliver, stock, or store glassware for an on-sale retailer. The bill would require a beer manufacturer to file records relating to glassware with the Department of Alcoholic Beverage Control and would require both a beer manufacturer and an on-sale retail licensee to keep and maintain records for a 3-year period of all glassware given, purchased, or received pursuant to these provisions, as specified. The bill would prescribe definitions in this regard. The bill would repeal these provisions on January 1, 2023.
Who sponsors AB 1133?
AB 1133 is sponsored by Low.
What is the current status of AB 1133?
This bill has been enacted into law. Introduced February 21, 2019. Enacted.
Where can I track AB 1133?
Track AB 1133 free on One Click Politics — get push/email alerts when it moves.

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