BILL NUMBER: AB 1964 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2008
INTRODUCED BY Assembly Member Evans
(Principal coauthor: Senator Wiggins)
( Coauthor: Assembly Member
Blakeslee )
FEBRUARY 14, 2008
An act to amend Sections 24045.4 and 24045.6 of, and to add
Section 25607.5 to, the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1964, as amended, Evans. Alcoholic beverages: nonprofit
corporations.
The Alcoholic Beverage Control Act authorizes the issuance of a
special temporary on-sale and off-sale license to a nonprofit
corporation, as specified, in accordance with, among other things, a
requirement that this license shall be issued only once in a calendar
year.
This bill would provide that a special temporary on-sale and
off-sale license shall be issued only 3 times in a calendar year.
The Alcoholic Beverage Control act regulates the possession,
distribution, and sale of alcoholic beverages within this state and
prohibits the possession of alcoholic beverages for sale unless a
person and premises have been issued a specified license authorizing
the possession of the alcoholic beverages for sale.
This bill would authorize a nonprofit corporation that has not
been issued a license authorizing the possession and sale of
alcoholic beverages, to have upon their premises wine bought
by, or donated to, donated to the nonprofit
corporation, to be sold at a later event, if specified
requirements are satisfied, including the submission by the nonprofit
corporation, of a statement stipulating that the nonprofit
corporation will conform to those requirements. This bill would also
require that this form be declared true under the penalty of perjury
the nonprofit has submitted a specified license
application with the Department of Alcoholic Beverage Control .
The Alcoholic Beverage Control Act provides that a violation of
specified provisions of the act is a misdemeanor.
By expanding the crime of perjury, this bill imposes
This bill, by including provisions that would be
subject to those existing criminal sanctions, would impose 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24045.4 of the Business and Professions Code is
amended to read:
24045.4. (a) The department may issue a special temporary
off-sale general license to any nonprofit corporation which is exempt
from payment of income taxes under the provisions of Section 23701d
of the Revenue and Taxation Code and Section 501(c)(3) of the
Internal Revenue Code of 1954 of the United States. An applicant for
this license shall accompany the application with a fee of one
hundred dollars ($100).
(b) This license shall only entitle the licensee to sell at
auction alcoholic beverages donated to it. Notwithstanding any other
provision of this division, a licensee may donate alcoholic beverages
to a corporation licensed under this section, provided that
donations are not made in connection with a sale of an alcoholic
beverage.
(c) This license shall be for a period not exceeding 30 days. Only
three licenses authorized by this section shall be issued to any
corporation in a calendar year.
SEC. 2. Section 24045.6 of the Business and Professions Code is
amended to read:
24045.6. (a) The department may issue a special temporary on-sale
or off-sale wine license to any nonprofit corporation that is exempt
from payment of income taxes under Section 23701d or 23701e of the
Revenue and Taxation Code and Section 501(c)(3) or 501(c)(6) of the
Internal Revenue Code of 1986. An applicant for this license shall
accompany the application with a fee of one hundred dollars ($100).
(b) This special license shall only entitle the licensee to sell
wine bought by, or donated to, the licensee to a consumer and to any
person holding a license authorizing the sale of wine.
Notwithstanding any other provision of this division, a licensee may
donate or sell wine to a nonprofit corporation that obtains a special
temporary on-sale or off-sale license under this section, provided
the donation is not made in connection with a sale of an alcoholic
beverage.
(c) This special license shall be for a period not exceeding 15
days. In the event the license under this section is issued for a
period exceeding two days, it shall be used solely for retail sales
in conjunction with an identifiable fundraising event sponsored or
conducted by the licensee and all bottles of wine sold under this
license shall bear a label prominently identifying the event. Only
three special licenses authorized by this section shall be issued to
any corporation in a calendar year.
SEC. 3. Section 25607.5 is added to the
Business and Professions Code, to read:
25607.5. A nonprofit corporation may have upon their premises
wine bought by, or donated to, the nonprofit corporation if the
following conditions are met:
(a) The nonprofit corporation has filed an application for a
special temporary license with the department, pursuant to Section
24045.4 or 24045.6, and the department has not acted upon the
application.
(b) Any wines donated to the nonprofit corporation in advance of
the event for which the special temporary license is pending shall be
stored, unopened, by the nonprofit for no longer than 60 days prior
to the event. The nonprofit corporation shall only store wine.
(c) If the application for the special temporary license is denied
by the department, the nonprofit corporation shall return all
donated wines within 30 days of being notified of the denial by the
department.
(d) The authorized representative of the nonprofit corporation
whose name has been submitted to the department on the application
for a special temporary license, submits a signed form prescribed by
the department, declared to be true under penalty of perjury, that
stipulates that the nonprofit corporation shall conform with the
requirements of subdivisions (a) to (c), inclusive, of this section.
SEC. 3. Section 25607.5 is added to the
Business and Professions Code , to read:
25607.5. A nonprofit corporation that is required to obtain a
license to sell wine under Section 23300 may receive and possess wine
donated to it if, at the time of receipt of the wine, the nonprofit
corporation has submitted an application with the department for a
license to sell the donated wine. Nothing in this section is intended
to affect or otherwise limit the application of Section 25503.9.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.