AB 569: Alcoholic beverages: delivery.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-04-15
The Alcoholic Beverage Control Act provides that alcoholic beverages may not be delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor.
This bill would allow beer wholesalers and certain beer manufacturers to deliver beer beer, as specified, to daily on-sale general licensees between the hours of 8 6 a.m. and 8 2 p.m. on Sunday. The bill would make conforming technical changes.
The Alcoholic Beverage Control Act provides that alcoholic beverages may not be delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor.
This bill would make nonsubstantive changes to these provisions. allow beer wholesalers and beer manufacturers to deliver beer to daily on-sale general licensees between the hours of 8 a.m. and 8 p.m. on Sunday. The bill would make conforming technical changes.
The Alcoholic Beverage Control Act provides that alcoholic beverages may not be delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor.
This bill would make nonsubstantive changes to these provisions.
(a)The department, in its discretion, may issue on a temporary basis a daily on-sale general license and the fee for the license shall be twenty-five dollars ($25) per day. The license authorizes the sale of distilled spirits, wine, and beer for consumption on the premises where sold, and off-sale privileges shall not be exercised under the license. A daily on-sale general license may only be issued to a political party or affiliate supporting a candidate for public office or a ballot measure, an organization formed for a specific charitable or civic purpose, a fraternal organization in existence for over five years with a regular membership, or a religious organization. Distilled spirits sold under a daily on-sale general license shall have been purchased at retail from the holder of an off-sale general license.
(b)(1)In addition to the hours and days specified in Section 25633, a beer wholesaler may deliver beer beer, or a beer manufacturer that is authorized to sell beer pursuant to Section 23357 may deliver beer it has produced, between the hours of 8 6 a.m. and 8 2 p.m. on Sunday to a daily on-sale general licensee.
(2)In addition to the hours and days specified in Section 25633, a beer manufacturer may deliver beer that it produced pursuant to Section 23357 between the hours of 8 a.m. and 8 p.m. on Sunday to a daily on-sale general licensee.
(c)The department may adopt such rules as it determines to be necessary to implement and administer the provisions of this section, including, but not limited to, limitations on the number of times during any calendar year a qualified organization may be issued a license provided for by this section.
(d)The provisions of Article 2 (commencing with Section 23815) of Chapter 5 and Article 2 (commencing with Section 23985) of Chapter 6 of this division shall not be applicable to the licenses provided for by this section.
SEC. 2.Section 25633 of the Business and Professions Code is amended to read:25633.Except as otherwise provided in this section and subdivision (b) of Section 24045.1, a person licensed as a manufacturer, winegrower, distilled spirits manufacturers agent, rectifier, or wholesaler of any alcoholic beverage shall not deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of an alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler, distiller, importer, or any of them. A person violating the provisions of this section is guilty of a misdemeanor.
(a)The department, in its discretion, may issue on a temporary basis a daily on-sale general license and the fee for such the license shall be twenty-five dollars ($25) per day. Such The license authorizes the sale of distilled spirits, wine, and beer for consumption on the premises where sold, and no off-sale privileges shall not be exercised under such the license. A daily on-sale general license may only be issued to a political party or affiliate supporting a candidate for public office or a ballot measure, an organization formed for a specific charitable or civic purpose, a fraternal organization in existence for over five years with a regular membership, or a religious organization. Distilled spirits sold under a daily on-sale general license shall have been purchased at retail from the holder of an off-sale general license.
(b)(1)In addition to the hours and days specified in Section 25633, a beer wholesaler may deliver beer between the hours of 8 a.m. and 8 p.m. on Sunday to a daily on-sale general licensee.
(2)In addition to the hours and days specified in Section 25633, a beer manufacturer may deliver beer that it produced pursuant to Section 23357 between the hours of 8 a.m. and 8 p.m. on Sunday to a daily on-sale general licensee.
The
(c)The department may adopt such rules as it determines to be necessary to implement and administer the provisions of this section, including, but not limited to, limitations on the number of times during any calendar year a qualified organization may be issued a license provided for by this section.
The
(d)The provisions of Article 2 (commencing with Section 23815) of Chapter 5 and Article 2 (commencing with Section 23985) of Chapter 6 of this division shall not be applicable to the licenses provided for by this section.
SECTION 1.SEC. 2.Section 25633 of the Business and Professions Code is amended to read:25633.Except as otherwise provided in this section, no section and subdivision (b) of Section 24045.1, a person licensed as a manufacturer, winegrower, distilled spirits manufacturers agent, rectifier, or wholesaler of any alcoholic beverage shall not deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of an alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler, distiller, importer, or any of them. A person violating the provisions of this section is guilty of a misdemeanor.
Except as otherwise provided in this section, no person licensed as a manufacturer, winegrower, distilled spirits manufacturers agent, rectifier, or wholesaler of any alcoholic beverage shall deliver or cause to be delivered any alcoholic beverage to or for any person holding an on-sale or off-sale license on Sunday or except between the hours of 3 a.m. and 8 p.m. of any day other than Sunday. Any alcoholic beverage may be delivered at the platform of the manufacturing, producing, or distributing plant at any time. Nothing contained in this section prohibits the transportation or the carriage and delivery in transit at any time of any an alcoholic beverage between the premises of a manufacturer, winegrower, wholesaler, distiller, importer, or any of them. Every A person violating the provisions of this section is guilty of a misdemeanor.
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Date
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Status
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| Feb 24, 2015 | Read first time. To print. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Mar 26, 2015 | Referred to Com. on G.O. |
| Apr 6, 2015 | Re-referred to Com. on G.O. |
| Apr 15, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Apr 16, 2015 | Re-referred to Com. on G.O. |
| Apr 23, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 27, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jan 31, 2016 | Died pursuant to Article IV, Sec. 10(c) of the Constitution. |
| Feb 1, 2016 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
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