Existing law prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property, including within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

This bill would exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property, including within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

This bill would exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property, including within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

This bill would exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

Existing law prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property, including within the State Capitol. Capitol or within the limits of the grounds adjacent and belonging thereto.

This bill would make technical, nonsubstantive changes to these provisions. exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only.

Existing law prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property, including within the State Capitol.

This bill would make technical, nonsubstantive changes to these provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 400

Author:(Cooper)

As Amended Ver:July 13, 2017

2/3 vote. Urgency

Original Committee Reference: G.O.

SUMMARY: Provides an exception pertaining to the current prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the specified conditions are met.

The Senate amendments add an urgency clause to the bill.

EXISTING LAW:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees.
2. Provides that every person who, within one-half mile of the land belonging to this state upon which any state prison, or within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961, or within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959, or within three miles of the University Farm at Davis, or within 1.5 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.
3. Prohibits the sale or exposing for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto.
4. Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land with respect to the Fred C. Nelles School for Boys.
5. Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 1.5 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans' Home at Yountville, Napa County, California.
6. Provides a person who sells or exposes for sale, any alcoholic beverage, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100, or by imprisonment for not less than 50 days or by both such fine and imprisonment, in the discretion of the court.

FISCAL EFFECT: This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS: This bill, as amended is consistent with Assembly actions.

Purpose of the bill. According to the author's office, "[s]ince 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm to Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author adds that last year, ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating the Penal Code 172 (a) which makes it a misdemeanor to sell alcohol on the Capitol grounds. Event tickets are sold only on a pre-sale, on-line basis and are not available at the time or place of the event. A ticket is required whether an attendee consumes any wine or food. Given the design and emphasis of the event, it is reasonable to conclude that it does not violate the Penal Code.

The author states that this bill clarifies the Penal Code such that the Legends of Wine can occur on Capitol grounds since no wine will be sold at the event or any other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.

In support. The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes, "The State Capitol is essential to driving tourism, job creation and overall economic impact to the Sacramento region. AB 400 will help us to further the Sacramento region's image as America's Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California. Since 2013, the Legends of Wine event on the west steps of the Capitol has highlighted California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation."

The sponsor states, "That due to restrictions in California law that does not allow for non-profit-produced events that serve alcohol on the Capitol grounds, we've been informed that the event will not be permitted moving forward. With more than 150 different commodities coming out of the ground, and as the Capital City of California, we believe that celebrating California's agricultural abundance and Sacramento's standing as America's Farm-to-Fork Capital presents tremendous value to our city and state. More importantly, we believe that celebrating our region's authenticity at the State Capitol presents a unifying message for all of California."

Prior legislation. AB 774 (Levine), Chapter 107, Statutes of 2015. Provides that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 2488 (Levine), Chapter 98, Statutes of 2014. Expanded an existing privilege in the Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tastings for consumers at farmers' markets under certain circumstances.

AB 2004 (Chesbro), Chapter 806, Statutes of 2014. Among other things, authorized a licensed beer manufacturer to apply to ABC for a "certified farmers' market beer sales permit" for the purpose of allowing the licensee to sell packaged beer at a farmers' market, including any area outside the footprint of the farmers' market, under specified conditions.

AB 520 (Chesbro), Chapter 777, Statutes of 2014. Expanded the types of licensees that may provide instructional tastings events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0001179

 THIRD READING  

Bill No: AB 400

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/13/17

AYES: Dodd, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Mendoza, Portantino, Vidak

NO VOTE RECORDED: Berryhill

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/27/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

ASSEMBLY FLOOR: 75-0, 4/27/17 - See last page for vote

SUBJECT:

SOURCE: Visit Sacramento

DIGEST: This bill provides an exception pertaining to the current prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the specified conditions are met.

Senate Floor Amendments of 7/13/17 add an urgency clause, and specify that in order to benefit local nonprofit organizations and the public at the earliest possible time, it is necessary that this bill take effect immediately.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees or occupation taxes for this purpose.
2. Prohibits, generally, the sale or exposing for sale of any alcoholic beverages within certain specified state property areas. These areas include:
   1. Within ½ mile of the land belonging to this state upon which any state prison is situated.
   2. Within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated.
   3. Within one mile of the grounds belonging to the University of California, at Berkeley.
   4. Within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961.
   5. Within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959.
   6. Within three miles of the University Farm at Davis.
   7. Within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.
   8. Within the State Capitol, or within the limits of the grounds adjacent and belonging thereto.
3. Provides that the prohibition of the sale or exposure for sale of any alcoholic beverage shall not apply, except within the State Capitol or the limits of the grounds adjacent and belonging thereto, to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing ½ of one percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer.
4. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated shall not apply with respect to the Fred C. Nelles School for Boys.
5. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans’ Home at Yountville, Napa County, California.
6. Provides several additional exceptions to the prohibition against the sale or exposure for sale of any alcoholic beverages within the specified state property areas, including, but not limited to, exceptions for various holders of licenses issued under the ABC Act.
7. Specifies that distances provided shall be measured not by airline but by following the shortest highway or highways, as defined, connecting the points in question, and specifies that in measuring distances from the Folsom State Prison and the eastern facilities of the California Institution for Men at Chino and Youth Training School, the measurement shall start at the entrance gate.
8. Provides that any person who sells or exposes for sale, any alcoholic beverage, within the specified state property areas, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100, or by imprisonment for not less than 50 days or by both such fine and imprisonment, at the discretion of the court.

This bill:

1. Provides an exception pertaining to the general prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the following conditions are met:
   1. The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.
   2. Tickets for the event are sold on a presale basis only and are not available for sale at the event.
   3. Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.
   4. Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.
2. Makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.
3. Contains an urgency clause to take effect immediately.

Background

Purpose of the bill. According to the author's office, "since 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm-to-Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author’s office adds that last year, the Department of ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating existing law which makes it a misdemeanor to sell alcohol on the State Capitol grounds.

In summary, the author’s office states that, “AB 400 clarifies the Penal Code such that the Sacramento Legends of Wine event can occur on Capitol grounds since no wine will be sold at the event or no other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.”

Legends of Wine. The Legends of Wine event has been held annually on the west steps of the State Capitol, since 2013. The tasting event provides local residents with the unique opportunity to learn more about the region's most celebrated wines, as selected by two of Sacramento's internationally-recognized wine and food authorities. In the past, wineries that represent the area’s wine landscape have been chosen to showcase their varietals. Each winery pours their wine to be sampled and paired with artisan cheeses, specialty desserts, and other local delights. The event is restricted to those who are 21 years of age or older. All tickets are sold prior to the event and cannot be purchased at the event.

This event is held as part of the 10-day Farm-to-Fork movement in Sacramento during the month of September. The mission of the Farm-to-Fork movement is to bring awareness to the Sacramento region's local food production, consumption, and sustainability, as well as the contribution and exportation of sustainable products to the rest of the nation and world.

Sale of alcoholic beverages near certain institutions. This bill amends Section 172 of the Penal Code, which sets limits for the sale of or exposing for sale of any intoxicating liquor near certain public institutions, including state prisons, youth authority facilities, universities and colleges, the State Capitol and any building occupied as a home, retreat, or asylum for former military personnel. This provision was enacted in 1872.

Over the years, a number of exceptions to the prohibition of alcohol sales around the specified institutions have also been enacted. For example, in 1959, Section 172e of the Penal Code was enacted, creating an exception to the foregoing prohibition by providing that it should not apply to the sale of liquor "within premises licensed as a bona fide public eating place" nor preclude the issuance of licenses "for bona fide public eating places" within said areas. Other exceptions are more specific to a designated location. For example, in 1965, Section 172.6 of the Penal Code was enacted, creating an exception to the prohibition for any bona fide clubs near San Quentin Prison, provided the club meets specified requirements.

This bill provides a specific exception to Section 172 of the Penal Code for an event held on the State Capitol grounds if specified conditions are met.

State Capitol grounds events. Events on the State Capitol grounds, such as weddings, large gatherings, rallies, and special events, require a permit. The Department of the California Highway Patrol (CHP) is responsible for issuing the permits for use of the Capitol grounds outside of the Capitol building. There is no cost for obtaining a permit and permits will be issued on a first come, first serve basis. The CHP does not provide any equipment for the events. Processing permits generally takes three to five business days but may take up to 10 business days. Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services.

For events where alcoholic beverages will be served, the permit applicant must complete a permit with the Department of ABC. Additionally, a contract for a CHP officer to monitor the event must also be completed.

Related/Prior Legislation

AB 774 (Levine, Chapter 107, Statutes of 2015) specified that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 776 (Cooper, Chapter 519, Statutes of 2015) authorized, among other things, licensed alcoholic beverage manufacturers and retailers to participate together in sponsoring and promoting events conducted by, and for the benefit of, nonprofit organizations, subject to certain conditions.

AB 2488 (Levine, Chapter 98, Statutes of 2014) expanded an existing privilege in the ABC Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tasting events for consumers at farmers' markets, under certain circumstances.

AB 2004 (Chesbro, Chapter 806, Statutes of 2014) expanded, among other things, a licensed beer manufacturer’s privileges under the ABC Act by authorizing a beer manufacturer to sell or serve all beers and wines, regardless of source, to guests during private events held on the licensed beer manufacturer’s premises.

AB 520 (Chesbro, Chapter 777, Statutes of 2014) expanded the types of licensees that may provide instructional tasting events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

SB 120 (Roth, Chapter 43, Statutes of 2013) reduced the distance of the existing alcohol sales exclusion zone in proximity to La Sierra College (currently known as La Sierra University), in the City of Riverside, from one mile to ½ mile.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/17/17)

Visit Sacramento (source)

OPPOSITION: (Verified 7/17/17)

None received

ARGUMENTS IN SUPPORT: The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes that, "AB 400 will help us to further the Sacramento region’s image as America’s Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California."

Visit Sacramento further states that, "since 2013, we’ve held the Legends of Wine event on the West Steps of the Capitol with the goal of spotlighting California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation. Due to restrictions in California law that do not allow for non-profit events that serve alcohol on the Capitol grounds, we’ve been informed that the event will not be permitted moving forward."

ASSEMBLY FLOOR: 75-0, 4/27/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cervantes, Cooley, Gomez, Santiago

Prepared by:

7/19/17 15:19:55

**** END ****

 THIRD READING 

Bill No: AB 400

Author:

:

Vote:

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/13/17

AYES: Dodd, Bradford, Cannella, Gaines, Galgiani, Glazer, Hill, Hueso, Lara, Mendoza, Portantino, Vidak

NO VOTE RECORDED: Berryhill

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/27/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

ASSEMBLY FLOOR: 75-0, 4/27/17 - See last page for vote

SUBJECT:

SOURCE: Visit Sacramento

DIGEST: This bill provides an exception pertaining to the current prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the specified conditions are met.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees or occupation taxes for this purpose.
2. Prohibits, generally, the sale or exposing for sale of any alcoholic beverages within certain specified state property areas. These areas include:
   1. Within ½ mile of the land belonging to this state upon which any state prison is situated.
   2. Within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated.
   3. Within one mile of the grounds belonging to the University of California, at Berkeley.
   4. Within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961.
   5. Within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959.
   6. Within three miles of the University Farm at Davis.
   7. Within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.
   8. Within the State Capitol, or within the limits of the grounds adjacent and belonging thereto.
3. Provides that the prohibition of the sale or exposure for sale of any alcoholic beverage shall not apply, except within the State Capitol or the limits of the grounds adjacent and belonging thereto, to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing ½ of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer.
4. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated shall not apply with respect to the Fred C. Nelles School for Boys.
5. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans’ Home at Yountville, Napa County, California.
6. Provides several additional exceptions to the prohibition against the sale or exposure for sale of any alcoholic beverages within the specified state property areas, including, but not limited to, exceptions for various holders of licenses issued under the ABC Act.
7. Specifies that distances provided shall be measured not by airline but by following the shortest highway or highways, as defined, connecting the points in question, and specifies that in measuring distances from the Folsom State Prison and the eastern facilities of the California Institution for Men at Chino and Youth Training School, the measurement shall start at the entrance gate.
8. Provides that any person who sells or exposes for sale, any alcoholic beverage, within the specified state property areas, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100, or by imprisonment for not less than 50 days or by both such fine and imprisonment, at the discretion of the court.

This bill:

1. Provides an exception pertaining to the general prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the following conditions are met:
   1. The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.
   2. Tickets for the event are sold on a presale basis only and are not available for sale at the event.
   3. Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.
   4. Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.
2. Makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

Background

Purpose of the bill. According to the author's office, "since 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm-to-Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author’s office adds that last year, the Department of ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating existing law which makes it a misdemeanor to sell alcohol on the State Capitol grounds.

In summary, the author’s office states that, “AB 400 clarifies the Penal Code such that the Sacramento Legends of Wine event can occur on Capitol grounds since no wine will be sold at the event or no other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.”

Legends of Wine. The Legends of Wine event has been held annually on the west steps of the State Capitol, since 2013. The tasting event provides local residents with the unique opportunity to learn more about the region's most celebrated wines, as selected by two of Sacramento's internationally-recognized wine and food authorities. In the past, wineries that represent the area’s wine landscape have been chosen to showcase their varietals. Each winery pours their wine to be sampled and paired with artisan cheeses, specialty desserts, and other local delights. The event is restricted to those who are 21 years of age or older. All tickets are sold prior to the event and cannot be purchased at the event.

This event is held as part of the 10 day Farm-to-Fork movement in Sacramento during the month of September. The mission of the Farm-to-Fork movement is to bring awareness to the Sacramento region's local food production, consumption, and sustainability, as well as the contribution and exportation of sustainable products to the rest of the nation and world.

Sale of alcoholic beverages near certain institutions. This bill amends Section 172 of the Penal Code, which sets limits for the sale of or exposing for sale of any intoxicating liquor near certain public institutions, including state prisons, youth authority facilities, universities and colleges, the State Capitol and any building occupied as a home, retreat, or asylum for former military personnel. This provision was enacted in 1872.

Over the years, a number of exceptions to the prohibition of alcohol sales around the specified institutions have also been enacted. For example, in 1959, Section 172e of the Penal Code was enacted, creating an exception to the foregoing prohibition by providing that it should not apply to the sale of liquor "within premises licensed as a bona fide public eating place" nor preclude the issuance of licenses "for bona fide public eating places" within said areas. Other exceptions are more specific to a designated location. For example, in 1965, Section 172.6 of the Penal Code was enacted, creating an exception to the prohibition for any bona fide clubs near San Quentin Prison, provided the club meets specified requirements.

This bill provides a specific exception to Section 172 of the Penal Code for an event held on the State Capitol grounds if specified conditions are met.

State Capitol grounds events. Events on the State Capitol grounds, such as weddings, large gatherings, rallies, and special events, require a permit. The Department of the California Highway Patrol (CHP) is responsible for issuing the permits for use of the Capitol grounds outside of the Capitol building. There is no cost for obtaining a permit and permits will be issued on a first come, first serve basis. The CHP does not provide any equipment for the events. Processing permits generally takes three to five business days but may take up to 10 business days. Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services.

For events where alcoholic beverages will be served, the permit applicant must complete a permit with the Department of ABC. Additionally, a contract for a CHP officer to monitor the event must also be completed.

Related/Prior Legislation

AB 774 (Levine, Chapter 107, Statutes of 2015) specified that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 776 (Cooper, Chapter 519, Statutes of 2015) among other things, authorized licensed alcoholic beverage manufacturers and retailers to participate together in sponsoring and promoting events conducted by, and for the benefit of, nonprofit organizations, subject to certain conditions.

AB 2488 (Levine, Chapter 98, Statutes of 2014) expanded an existing privilege in the ABC Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tasting events for consumers at farmers' markets, under certain circumstances.

AB 2004 (Chesbro, Chapter 806, Statutes of 2014) among other things, expanded a licensed beer manufacturer’s privileges under the ABC Act by authorizing a beer manufacturer to sell or serve all beers and wines, regardless of source, to guests during private events held on the licensed beer manufacturer’s premises.

AB 520 (Chesbro, Chapter 777, Statutes of 2014) expanded the types of licensees that may provide instructional tasting events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

SB 120 (Roth, Chapter 43, Statutes of 2013) reduced the distance of the existing alcohol sales exclusion zone in proximity to La Sierra College (currently known as La Sierra University), in the City of Riverside, from one mile to ½ mile.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/27/17)

Visit Sacramento (source)

OPPOSITION: (Verified 6/27/17)

None received

ARGUMENTS IN SUPPORT: The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes that, "AB 400 will help us to further the Sacramento region’s image as America’s Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California."

Visit Sacramento further states that, "since 2013, we’ve held the Legends of Wine event on the West Steps of the Capitol with the goal of spotlighting California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation. Due to restrictions in California law that do not allow for non-profit events that serve alcohol on the Capitol grounds, we’ve been informed that the event will not be permitted moving forward."

ASSEMBLY FLOOR: 75-0, 4/27/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Calderon, Cervantes, Cooley, Gomez, Santiago

Prepared by:

7/3/17 13:46:25

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 400 Hearing Date: June 27, 2017

Subject: Crimes: Alcoholic Beverages: State Capitol

HISTORY

Source: Sacramento Convention and Visitors Bureau/Visit Sacramento

Prior Legislation: AB 774 (Levine) Ch. 107, Stats. of 2015

AB 776 (Cooper) Ch. 519, Stats. of 2015

AB 2488 (Levine) Ch. 98, Stats. of 2014

AB 2004 (Chesbro) Ch. 806, Stats. of 2014

Support: Unknown

Opposition: None known

Assembly Floor Vote: 75 - 0

PURPOSE

The purpose of this bill is to exempt from the prohibition on the sale or exposing for sale of any alcoholic beverage within the State Capitol or its adjacent grounds an event that is held on those grounds that is organized and operated by a nonprofit organization that is located in the City of Sacramento, as specified.

Existing law establishes the Alcoholic Beverage Control Act. (Bus. & Prof. Code, § 23000 et seq.)

Existing law establishes the Department of Alcoholic Beverage Control (ABC) to ensure a strict, honest, impartial, and uniform administration and enforcement of the liquor laws throughout the State. This includes licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees. (Bus. & Prof. Code, §§ 23049, 23050, 23051.)

Existing law generally prohibits the sale or exposing for sale of any alcoholic beverage within certain specified state property areas. Included in the prohibited areas are areas “within the State Capitol, or within the limits of the grounds adjacent and belonging thereto.” (Pen. Code, § 172(a).)

Existing law provides that the prohibition of the sale or exposure for sale of any alcoholic beverage shall not apply, except within the State Capitol or the limits of the grounds adjacent and belonging thereto, to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing ½ of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer. (Pen. Code, § 172(c).)

Existing law provides that a person who sells or exposes for sale, any alcoholic beverage, on prohibited state lands is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than 50 days or by both such fine and imprisonment, in the discretion of the court. (Pen. Code, § 172(a).)

This bill provides an exception to the general prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the following conditions are met:

1. The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.
2. Tickets for the event are sold on a presale basis only and are not available for sale at the event.
3. Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.
4. Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.

This bill makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

COMMENTS

1. Need for This Bill

According to the author:

Since 2013, the Sacramento Legends of Wine event is an integral part of the two week-long Farm to Fork Celebration which includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region.

Last year, the Alcohol Beverage Control Department (ABC) voiced concerns that this event, which is held on the Capitol grounds, could be violating the Penal Code 172 (a) which makes it a misdemeanor to sell alcohol on the Capitol grounds. Event tickets are sold only on a pre-sale, on-line basis and are not available at the time or place of the event. A ticket is required whether or not an attendee consumes any wine or food. Given the design and emphasis of the event, it is reasonable to conclude that it does not violate the Penal Code.

AB 400 clarifies the Penal Code such that the Legends of Wine can occur on Capitol grounds since no wine will be sold at the event or any other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.

2. Background

Events on State Capitol grounds. Events on the State Capitol grounds, such as weddings and rallies, require a permit. The Department of the California Highway Patrol (CHP) is responsible for issuing the permits for use of the Capitol grounds outside of the Capitol building.

Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services. For events where alcoholic beverages will be served, the permit applicant must complete a permit with the Department of ABC. Additionally, a contract for a CHP officer to monitor the event must also be completed.

Legends of Wine. The Legends of Wine event has been held annually on the west steps of the State Capitol since 2013. This event is one of several held every September that celebrates Sacramento’s status as the nation’s Farm-to-Fork capital. The purpose of these events is to bring awareness to the Sacramento region’s local food production, consumption, and sustainability, as well as the contribution and exportation of sustainable products to the rest of the nation and world.

The Legends of Wine event provides attendees with the opportunity to learn more about the region’s most celebrated wines, as selected by two of Sacramento’s internationally-recognized wine and food authorities. Each participating winery provides samples of its wines and pairs them with artisan cheeses and specialty desserts. The event is restricted to those who are 21 years of age or older. Tickets are sold prior to the event and cannot be purchased at the event.

Sale of alcoholic beverages near certain institutions. This bill amends Penal Code section 172, which prohibits the sale of or exposing for sale of any intoxicating liquor near certain public institutions, including state prisons, youth authority facilities, universities and colleges, the State Capitol and any building occupied as a home, retreat, or asylum for former military personnel, except as specified.

This bill provides a specific exception to Penal Code section 172 for an event held on the State Capitol grounds if specified conditions are met.

3. Argument in Support

The sponsor, Visit Sacramento, writes:

AB 400 will help us to further the Sacramento region’s image as America’s Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California.

Since 2013, we’ve held the Legends of Wine event on the West Steps of the Capitol with the goal of spotlighting California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation. Due to restrictions in California law that do not allow for non-profit-produced events that serve alcohol on the Capitol grounds, we’ve been informed that the event will not be permitted moving forward.

…With more than 150 different commodities coming out of the ground, and as the Capital City of California, we believe that celebrating California’s agricultural abundance and Sacramento’s standing as America’s Farm-to-Fork Capital presents tremendous value to our city and state. More importantly, we believe that celebrating our region’s authenticity at the State Capitol presents a unifying message for all of California.

-- END --

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Bill Dodd

Chair

2017 - 2018 Regular

Bill No: AB Hearing Date: 6/13/2017

SUBJECT:

DIGEST: This bill provides an exception pertaining to the current prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the specified conditions are met.

ANALYSIS:

Existing law:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees or occupation taxes for this purpose.
2. Prohibits, generally, the sale or exposing for sale of any alcoholic beverages within certain specified state property areas. These areas include:
   1. Within ½ mile of the land belonging to this state upon which any state prison is situated.
   2. Within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated.
   3. Within one mile of the grounds belonging to the University of California, at Berkeley.
   4. Within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961.
   5. Within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959.
   6. Within three miles of the University Farm at Davis.
   7. Within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.
   8. Within the State Capitol, or within the limits of the grounds adjacent and belonging thereto.
3. Provides that the prohibition of the sale or exposure for sale of any alcoholic beverage shall not apply, except within the State Capitol or the limits of the grounds adjacent and belonging thereto, to the sale or exposing or offering for sale of ale, porter, wine, similar fermented malt or vinous liquor or fruit juice containing ½ of 1 percent or more of alcohol by volume and not more than 3.2 percent of alcohol by weight nor the sale or exposing or offering for sale of beer.
4. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated shall not apply with respect to the Fred C. Nelles School for Boys.
5. Provides that the prohibition against the sale or exposure for sale of any alcoholic beverage within 1½ miles of any building occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans’ Home at Yountville, Napa County, California.
6. Provides several additional exceptions to the prohibition against the sale or exposure for sale of any alcoholic beverages within the specified state property areas, including, but not limited to, exceptions for various holders of licenses issued under the ABC Act.
7. Specifies that distances provided shall be measured not by airline but by following the shortest highway or highways, as defined, connecting the points in question, and specifies that in measuring distances from the Folsom State Prison and the eastern facilities of the California Institution for Men at Chino and Youth Training School, the measurement shall start at the entrance gate.
8. Provides that any person who sells or exposes for sale, any alcoholic beverage, within the specified state property areas, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100, or by imprisonment for not less than 50 days or by both such fine and imprisonment, at the discretion of the court.

This bill:

1. Provides an exception pertaining to the general prohibition against the sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto, for an event that is held on those grounds, if all of the following conditions are met:
   1. The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.
   2. Tickets for the event are sold on a presale basis only and are not available for sale at the event.
   3. Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.
   4. Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.
2. Makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

Background

Purpose of the bill. According to the author's office, "since 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm-to-Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author’s office adds that last year, the Department of ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating existing law which makes it a misdemeanor to sell alcohol on the State Capitol grounds.

In summary, the author’s office states that, “AB 400 clarifies the Penal Code such that the Sacramento Legends of Wine event can occur on Capitol grounds since no wine will be sold at the event or no other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.”

Legends of Wine. The Legends of Wine event has been held annually on the west steps of the State Capitol, since 2013. The tasting event provides local residents with the unique opportunity to learn more about the region's most celebrated wines, as selected by two of Sacramento's internationally-recognized wine and food authorities. In the past, wineries that represent the area’s wine landscape have been chosen to showcase their varietals. Each winery pours their wine to be sampled and paired with artisan cheeses, specialty desserts, and other local delights. The event is restricted to those who are 21 years of age or older. All tickets are sold prior to the event and cannot be purchased at the event.

This event is held as part of the 10 day Farm-to-Fork movement in Sacramento during the month of September. The mission of the Farm-to-Fork movement is to bring awareness to the Sacramento region's local food production, consumption, and sustainability, as well as the contribution and exportation of sustainable products to the rest of the nation and world.

Sale of alcoholic beverages near certain institutions. This bill amends Section 172 of the Penal Code, which sets limits for the sale of or exposing for sale of any intoxicating liquor near certain public institutions, including state prisons, youth authority facilities, universities and colleges, the State Capitol and any building occupied as a home, retreat, or asylum for former military personnel. This provision was enacted in 1872.

Over the years, a number of exceptions to the prohibition of alcohol sales around the specified institutions have also been enacted. For example, in 1959, Section 172e of the Penal Code was enacted, creating an exception to the foregoing prohibition by providing that it should not apply to the sale of liquor "within premises licensed as a bona fide public eating place" nor preclude the issuance of licenses "for bona fide public eating places" within said areas. Other exceptions are more specific to a designated location. For example, in 1965, Section 172.6 of the Penal Code was enacted, creating an exception to the prohibition for any bona fide clubs near San Quentin Prison, provided the club meets specified requirements.

This bill provides a specific exception to Section 172 of the Penal Code for an event held on the State Capitol grounds if specified conditions are met.

State Capitol grounds events. Events on the State Capitol grounds, such as weddings, large gatherings, rallies, and special events, require a permit. The Department of the California Highway Patrol (CHP) is responsible for issuing the permits for use of the Capitol grounds outside of the Capitol building. There is no cost for obtaining a permit and permits will be issued on a first come, first serve basis. The CHP does not provide any equipment for the events. Processing permits generally takes three to five business days but may take up to 10 business days. Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services.

For events where alcoholic beverages will be served, the permit applicant must complete a permit with the Department of ABC. Additionally, a contract for a CHP officer to monitor the event must also be completed.

Prior/Related Legislation

AB 774 (Levine, Chapter 107, Statutes of 2015) specified that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 776 (Cooper, Chapter 519, Statutes of 2015) among other things, authorized licensed alcoholic beverage manufacturers and retailers to participate together in sponsoring and promoting events conducted by, and for the benefit of, nonprofit organizations, subject to certain conditions.

AB 2488 (Levine, Chapter 98, Statutes of 2014) expanded an existing privilege in the ABC Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tasting events for consumers at farmers' markets, under certain circumstances.

AB 2004 (Chesbro, Chapter 806, Statutes of 2014) among other things, expanded a licensed beer manufacturer’s privileges under the ABC Act by authorizing a beer manufacturer to sell or serve all beers and wines, regardless of source, to guests during private events held on the licensed beer manufacturer’s premises.

AB 520 (Chesbro, Chapter 777, Statutes of 2014) expanded the types of licensees that may provide instructional tasting events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

SB 120 (Roth, Chapter 43, Statutes of 2013) reduced the distance of the existing alcohol sales exclusion zone in proximity to La Sierra College (currently known as La Sierra University), in the City of Riverside, from one mile to ½ mile.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT:

Visit Sacramento (Source)

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes that, "AB 400 will help us to further the Sacramento region’s image as America’s Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California."

Visit Sacramento further states that, "since 2013, we’ve held the Legends of Wine event on the West Steps of the Capitol with the goal of spotlighting California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation. Due to restrictions in California law that do not allow for non-profit events that serve alcohol on the Capitol grounds, we’ve been informed that the event will not be permitted moving forward."

ASSEMBLY THIRD READING

ATR Bill Id:AB 400

Author:(Cooper)

As Amended Ver:April 3, 2017

Majority vote

SUMMARY: Existing law prohibits the sale or exposing for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

This bill would exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only. Specifically, this bill:

1. Allows the on sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto for an event that is held on those grounds if all of the following conditions are met:
   1. The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.
   2. Tickets for the event are sold on a presale basis only and are not available for sale at the event.
   3. Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.
   4. Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.
2. Makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

EXISTING LAW:

1. Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees.
2. Provides that every person who, within one-half mile of the land belonging to this state upon which any state prison, or within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961, or within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959, or within three miles of the University Farm at Davis, or within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.
3. Prohibits the sale or exposing for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto.
4. Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land with respect to the Fred C. Nelles School for Boys.
5. Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans' Home at Yountville, Napa County, California.
6. Provides a person who sells or exposes for sale, any alcoholic beverage, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one 100, or by imprisonment for not less than 50 days or by both such fine and imprisonment, in the discretion of the court.

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Background. The California State Capitol is home to the government of California. The building houses the bicameral state legislature and the governor. Located in Sacramento, the original building was completed in 1874 at the west end of Capitol Park, which is framed by L Street to the north, N Street to the south, 10th Street to the west, and 15th Street to the east. The Capitol and grounds were listed on the office of the National Register of Historic Places in 1973, and listed as a California Historical Landmark in 1974, with a re-dedication on January 9, 1982 to commemorate the close of the bicentennial restoration project.

The State Capitol and its grounds are under the jurisdiction of the California Highway Patrol (CHP). The CHP is responsible for issuing permits for use of the Capitol grounds outside of the Capitol building. There is no cost for obtaining a permit and permits are issued on a first come first serve basis. Legislative member sponsorship is not required for obtaining a permit on behalf of groups or individuals. Permits for weddings or rallies are obtained from the CHP. Alcohol is not allowed in the park without a special permit issued by the CHP. Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services. Limited decorations can be used for the event but they cannot be hung, tacked, taped or in any way affixed to trees, shrubbery, fencing, or lamp posts on state property.

Legends of Wine. The Legends of Wine event, held in September is part of Farm to Fork month in Sacramento, having started in 2013. Wine lovers have the opportunity to sample and discover more about some of the region's most celebrated varietals, as selected by two of Sacramento's internationally recognized culinary specialists. The event is held on the grounds of California's State Capitol. Guests are able to sample a wide array of award-winning wines paired and presented with artisan cheeses, specialty desserts, and other local delights. This event is for those age 21 and over. All tickets are pre-sold, as they cannot be purchased at the event.

Purpose of the bill. According to the author's office, "[s]ince 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm to Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author adds that last year, ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating the Penal Code 172 (a) which makes it a misdemeanor to sell alcohol on the Capitol grounds. Event tickets are sold only on a pre-sale, on-line basis and are not available at the time or place of the event. A ticket is required whether an attendee consumes any wine or food. Given the design and emphasis of the event, it is reasonable to conclude that it does not violate the Penal Code.

The author states that this bill clarifies the Penal Code such that the Legends of Wine can occur on Capitol grounds since no wine will be sold at the event or any other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.

In support. The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes, "The State Capitol is essential to driving tourism, job creation and overall economic impact to the Sacramento region. AB 400 will help us to further the Sacramento region's image as America's Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California. Since 2013, the Legends of Wine event on the west steps of the Capitol has highlighted California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation."

The sponsor states, "That due to restrictions in California law that does not allow for non-profit-produced events that serve alcohol on the Capitol grounds, we've been informed that the event will not be permitted moving forward. With more than 150 different commodities coming out of the ground, and as the Capital City of California, we believe that celebrating California's agricultural abundance and Sacramento's standing as America's Farm-to-Fork Capital presents tremendous value to our city and state. More importantly, we believe that celebrating our region's authenticity at the State Capitol presents a unifying message for all of California."

Prior legislation. AB 774 (Levine), Chapter 107, Statutes of 2015. Provides that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 2488 (Levine), Chapter 98, Statutes of 2014. Expanded an existing privilege in the Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tastings for consumers at farmers' markets under certain circumstances.

AB 2004 (Chesbro), Chapter 806, Statutes of 2014. Among other things, authorized a licensed beer manufacturer to apply to ABC for a "certified farmers' market beer sales permit" for the purpose of allowing the licensee to sell packaged beer at a farmers' market, including any area outside the footprint of the farmers' market, under specified conditions.

AB 520 (Chesbro), Chapter 777, Statutes of 2014. Expanded the types of licensees that may provide instructional tastings events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0000149

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION

Adam Gray, Chair

ABPCA Bill Id:AB 400 (

Author:Cooper) – As Amended Ver:April 3, 2017

SUBJECT: Crimes: alcoholic beverages: State Capitol

SUMMARY: Existing law prohibits the sale or exposing for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

AB 400 would exempt from that prohibition an event that is held on those grounds if certain conditions are met, including, among others, that the event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region, and tickets are sold on a presale basis only. Specifically, this bill:

1) Allows the on sale or exposure for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto for an event that is held on those grounds if all of the following conditions are met:

a) The event is organized and operated by a nonprofit organization that is located in the City of Sacramento for purposes of increasing awareness of the Sacramento region and promoting education about the food and wine of the Sacramento region.

b) Tickets for the event are sold on a presale basis only and are not available for sale at the event.

c) Each attendee has purchased a ticket for the event, regardless of whether the attendee consumes any food or alcohol at the event.

d) Alcohol is not sold at the event, and any orders or any other activities that would constitute exposure for sale of alcoholic beverages do not occur at the event, except as authorized by this subdivision.

2) Makes legislative findings and declarations as to the necessity of a special statute for the City of Sacramento.

EXISTING LAW:

1) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees.

2) Provides that every person who, within one-half mile of the land belonging to this state upon which any state prison, or within 1,900 feet of the land belonging to this state upon which any Youth Authority institution is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one mile of the grounds belonging to the University of California at Santa Barbara, as such grounds existed as of January 1, 1961, or within one mile of the grounds belonging to Fresno State College, as such grounds existed as of January 1, 1959, or within three miles of the University Farm at Davis, or within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States, established or to be established by this state, or by the United States within this state.

3) Prohibits the sale or exposing for sale of any alcoholic beverage within the State Capitol or within the limits of the grounds adjacent and belonging thereto.

4) Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 1,900 feet of the land with respect to the Fred C. Nelles School for Boys.

5) Provides an exemption for the sale or exposure for sale of any alcoholic beverage within 11/2 miles of any building actually occupied as a home, retreat, or asylum for ex-soldiers, sailors, and marines of the Army and Navy of the United States shall not apply to the Veterans’ Home at Yountville, Napa County, California.

6) Provides a person who sells or exposes for sale, any alcoholic beverage, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100), or by imprisonment for not less than 50 days or by both such fine and imprisonment, in the discretion of the court.

FISCAL EFFECT: Unknown

COMMENTS:

Background. The California State Capitol is home to the government of California. The building houses the bicameral state legislature and the governor. Located in Sacramento, the original building was completed in 1874 at the west end of Capitol Park, which is framed by L Street to the north, N Street to the south, 10th Street to the west, and 15th Street to the east. The Capitol and grounds were listed on the office of the National Register of Historic Places in 1973, and listed as a California Historical Landmark in 1974, with a re-dedication on January 9, 1982 to commemorate the close of the bicentennial restoration project.

The State Capitol and its grounds are under the jurisdiction of the California Highway Patrol (CHP). The CHP is responsible for issuing permits for use of the Capitol grounds outside of the Capitol building. There is no cost for obtaining a permit and permits are issued on a first come first serve basis. Legislative member sponsorship is not required for obtaining a permit on behalf of groups or individuals. Permits for weddings or rallies are obtained from the CHP. Alcohol is not allowed in the park without a special permit issued by the CHP. Sales of any kind on Capitol grounds are not permitted. This includes collecting a donation in exchange for goods and/or services. Limited decorations can be used for the event but they cannot be hung, tacked, taped or in any way affixed to trees, shrubbery, fencing, or lamp posts on state property.

Legends of Wine. The Legends of Wine event, held in September is part of Farm to Fork month in Sacramento, having started in 2013. Wine lovers have the opportunity to sample and discover more about some of the region’s most celebrated varietals, as selected by two of Sacramento’s internationally recognized culinary specialists. The event is held on the grounds of California’s State Capitol. Guests are able to sample a wide array of award-winning wines paired and presented with artisan cheeses, specialty desserts, and other local delights. This event is for those age 21 and over. All tickets are pre-sold, as they cannot be purchased at the event.

Purpose of the bill. According to the author's office, "[s]ince 2013, the Sacramento Legends of Wine event has been an integral part of the two week-long Farm to Fork Celebration that includes a number of different events highlighting Sacramento area agriculture and food elements. This event is designed to promote information and education about the food and wine of the Sacramento region."

The author adds that last year, ABC voiced concerns that this event, which is held on the Capitol grounds, could be violating the Penal Code 172 (a) which makes it a misdemeanor to sell alcohol on the Capitol grounds. Event tickets are sold only on a pre-sale, on-line basis and are not available at the time or place of the event. A ticket is required whether an attendee consumes any wine or food. Given the design and emphasis of the event, it is reasonable to conclude that it does not violate the Penal Code.

The author states that AB 400 clarifies the Penal Code such that the Legends of Wine can occur on Capitol grounds since no wine will be sold at the event or any other activities will occur which would constitute exposure for sale of alcohol. This clarification will prevent future concerns regarding a Penal Code violation and will allow this renowned event to continue in the future.

In support. The sponsor, Visit Sacramento, a non-profit 501(c)(6) organization, writes, "The State Capitol is essential to driving tourism, job creation and overall economic impact to the Sacramento region. AB 400 will help us to further the Sacramento region’s image as America’s Farm-to-Fork Capital by educating consumers on the unique agricultural products that are produced in Northern California. Since 2013, the Legends of Wine event on the west steps of the Capitol has highlighted California wine, agriculture and food production. The event has been one of four Farm-to-Fork events produced by Visit Sacramento and illustrates how agriculture production in the Sacramento region helps to feed the entire nation."

The sponsor states, "That due to restrictions in California law that does not allow for non-profit-produced events that serve alcohol on the Capitol grounds, we’ve been informed that the event will not be permitted moving forward. With more than 150 different commodities coming out of the ground, and as the Capital City of California, we believe that celebrating California’s agricultural abundance and Sacramento’s standing as America’s Farm-to-Fork Capital presents tremendous value to our city and state. More importantly, we believe that celebrating our region’s authenticity at the State Capitol presents a unifying message for all of California."

Prior legislation. AB 774 (Levine), Chapter 107, Statutes of 2015. Provides that a certified farmers' market beer sales permit shall also authorize an instructional tasting event on the subject of beer at a certified farmers' market, including any permitted community event area adjacent to, and operated in conjunction with, a certified farmers' market, located within the county or an adjacent county of the physical location of the licensed beer manufacturer, under specified conditions.

AB 2488 (Levine), Chapter 98, Statutes of 2014. Expanded an existing privilege in the Act relating to the sale of wine by a licensed winegrower at certified farmers' markets to also allow a licensed winegrower the privilege of conducting limited wine tastings for consumers at farmers' markets under certain circumstances.

AB 2004 (Chesbro), Chapter 806, Statutes of 2014. Among other things, authorized a licensed beer manufacturer to apply to ABC for a "certified farmers' market beer sales permit" for the purpose of allowing the licensee to sell packaged beer at a farmers' market, including any area outside the footprint of the farmers' market, under specified conditions.

AB 520 (Chesbro), Chapter 777, Statutes of 2014. Expanded the types of licensees that may provide instructional tastings events regarding wine or distilled spirits at on-sale retail licensed premises and placed additional restrictions on the instructional tastings events, including restrictions on the types of advertising that may be conducted prior to the instructional tasting event.

REGISTERED SUPPORT / OPPOSITION:

Support

Visit Sacramento

Opposition

None on file

Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531