California 2015-2016 Regular Session Status: Enacted

SB 796 — Alcoholic beverages: licenses: advertising: contests and sweepstakes.

Last action — Chaptered by Secretary of State. Chapter 311, Statutes of 2015.

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

This bill has been enacted into law. Introduced March 12, 2015. 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 6 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

(1) The Alcoholic Beverage Control Act specifies the rules and procedures for the issuance and transfer of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. The act requires the department to make a thorough investigation to determine whether the applicant for a license and the premises for which a license is applied qualify for a license. This bill would provide that the Department of Alcoholic Beverage Control is not required to qualify for a license a person who is an investor in a private equity fund that holds an interest in an alcoholic beverage license, subject to specified conditions, and would authorize the department to require the manager of the private equity fund to execute an affidavit confirming compliance with the requirements of this provision. (2) The Alcoholic Beverage Control Act includes tied-house restrictions, which prohibit specified licensees from furnishing, giving, or lending money or other thing of value, directly or indirectly, to a person engaged in operating, owning, or maintaining an off-sale licensed premises. Existing law authorizes, until January 1, 2016, the appearance of a person employed or engaged by an authorized licensee at a promotional event held at the premises of an off-sale retail licensee for the purposes of providing autographs, subject to specified conditions. This bill would delete the sunset date of the above provision, thereby extending the provision indefinitely. (3) Existing law authorizes a beer manufacturer to sell, at the licensed premises of production, specified beer and wine to consumers under described conditions, and limits the beer manufacturer to 6 branch locations that may be used for the sale of alcoholic beverages to consumers for consumption off the licensed premises. This bill would prohibit a beer manufacturer, regardless of the number of beer manufacturer licenses that are held by the beer manufacturer alone, under common ownership with any other licensed beer manufacturer, or under common ownership with any officer, director, employee, or agent of that beer manufacturer that is operating as an on-sale retailer, from exercising, alone or in common, any combination of specified described retail privileges that would result in that beer manufacturer exercising retail privileges at more than 6 locations. (4) The Alcoholic Beverage Control Act prohibits any licensee from giving any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided. Existing law permits an authorized licensee, as defined, to conduct a consumer contest, as defined, and conduct or sponsor consumer sweepstakes, as defined, offering the chance to win prizes, if specified conditions are met, including that alcoholic beverages or anything redeemable are not awarded as a prize. This bill would authorize the inclusion of alcoholic beverages as part of a prize in a consumer contest or sweepstakes where the inclusion is an incidental part of a prize package.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 311, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2379.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 2639.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19).

  10. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 18. Noes 0.) (July 15). Re-referred to Com. on APPR.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  12. July 8 set for first hearing canceled at the request of author.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  14. Referred to Com. on G.O.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 34. Noes 0. Page 844.) Ordered to the Assembly.

  17. Read second time. Ordered to consent calendar.

  18. From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  19. Set for hearing April 27.

  20. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 592.) (April 14). Re-referred to Com. on APPR.

  21. Set for hearing April 14.

  22. Referred to Com. on G.O.

  23. From printer. May be acted upon on or after April 12.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Committee on Governmental Organization · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Committee on Governmental Organization

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

Special Consent #9 SB796 Committee On G.O.

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hueso — Yea
Leyva — Yea
Liu — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hernandez — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Wolk — Yea
Hancock — Yea
Huff — Yea
Beall — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 796 G.O. Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 69002
Democratic 4000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Levine — Yea
Linder — Yea
Mathis — Yea
Nazarian — Yea
Olsen — Yea
Perea — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Wagner — Yea
Weber — Yea
Williams — Not Voting
Eggman — Yea
Daly — Yea
Gomez — Yea
Salas — Yea
Low — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Mayes — Yea
McCarty — Yea
O'Donnell — Yea
Obernolte — Yea
Rendon — Yea
Wilk — Yea
Frazier — Not Voting
Gatto — Yea
Burke — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Holden — Yea
Lopez — Yea
Jones-Sawyer — Yea
Chang — Yea
Kim — Yea
Chiu — Yea
Baker — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 2000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bloom — Yea
Holden — Yea
Rendon — Yea
Wagner — Yea
Eggman — Yea
Gomez — Yea
Bigelow — Yea
Weber — Yea
Chang — Yea
Daly — Yea
Quirk — Yea
Wood — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17003
Democratic 1000
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Levine — Yea
Wilk — Yea
Campos — Yea
Salas — Yea
Gray — Yea
Cooley — Yea
Jones-Sawyer — Not Voting
Cooper — Yea
Daly — Yea
Bigelow — Yea
Linder — Yea
Mayes — Yea
Perea — Yea
Steinorth — Yea
Waldron — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Roger Hernández — Yea
Gipson, Mike A. Democratic Yea

Official roll call →

Consent Calendar 2nd SB796 Committee On G.O.

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 3000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hill — Yea
Hueso — Not Voting
Leno — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Roth — Yea
Wieckowski — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Not Voting
Hertzberg — Yea
Huff — Yea
Lara — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Liu — Yea
Runner — Not Voting
Bates — Yea
Beall — Yea
Block — Yea
Monning — Yea
Moorlach — Yea
Pan — Yea
Pavley — Yea
Vidak — Not Voting
Wolk — Yea
Morrell — Not Voting
Fuller — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Democratic 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Block — Yea
Hernandez — Yea
Hall — Yea
Hill — Yea
Hueso — Not Voting
Lara — Yea
Vidak — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
McGuire, Mike Democratic Yea

Official roll call →

Subjects

public-safety taxation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 796 do?
(1) The Alcoholic Beverage Control Act specifies the rules and procedures for the issuance and transfer of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. The act requires the department to make a thorough investigation to determine whether the applicant for a license and the premises for which a license is applied qualify for a license. This bill would provide that the Department of Alcoholic Beverage Control is not required to qualify for a license a person who is an investor in a private equity fund that holds an interest in an alcoholic beverage license, subject to specified conditions, and would authorize the department to require the manager of the private equity fund to execute an affidavit confirming compliance with the requirements of this provision. (2) The Alcoholic Beverage Control Act includes tied-house restrictions, which prohibit specified licensees from furnishing, giving, or lending money or other thing of value, directly or indirectly, to a person engaged in operating, owning, or maintaining an off-sale licensed premises. Existing law authorizes, until January 1, 2016, the appearance of a person employed or engaged by an authorized licensee at a promotional event held at the premises of an off-sale retail licensee for the purposes of providing autographs, subject to specified conditions. This bill would delete the sunset date of the above provision, thereby extending the provision indefinitely. (3) Existing law authorizes a beer manufacturer to sell, at the licensed premises of production, specified beer and wine to consumers under described conditions, and limits the beer manufacturer to 6 branch locations that may be used for the sale of alcoholic beverages to consumers for consumption off the licensed premises. This bill would prohibit a beer manufacturer, regardless of the number of beer manufacturer licenses that are held by the beer manufacturer alone, under common ownership with any other licensed beer manufacturer, or under common ownership with any officer, director, employee, or agent of that beer manufacturer that is operating as an on-sale retailer, from exercising, alone or in common, any combination of specified described retail privileges that would result in that beer manufacturer exercising retail privileges at more than 6 locations. (4) The Alcoholic Beverage Control Act prohibits any licensee from giving any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided. Existing law permits an authorized licensee, as defined, to conduct a consumer contest, as defined, and conduct or sponsor consumer sweepstakes, as defined, offering the chance to win prizes, if specified conditions are met, including that alcoholic beverages or anything redeemable are not awarded as a prize. This bill would authorize the inclusion of alcoholic beverages as part of a prize in a consumer contest or sweepstakes where the inclusion is an incidental part of a prize package.
Who sponsors SB 796?
SB 796 is sponsored by Committee on Governmental Organization.
What is the current status of SB 796?
This bill has been enacted into law. Introduced March 12, 2015. Enacted.
Where can I track SB 796?
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