SB 1280: Tied-house restrictions: advertising: San Diego State University.

(1)Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including authorizing specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant at an outdoor stadium with a fixed seating capacity of at least 43,000 seats located in the City of San Diego. Existing law makes specified violations of these advertising provisions punishable as a misdemeanor.

This bill would authorize specified licensees to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, manager, or major tenant at specified facilities, such as outdoor stadiums, with prescribed fixed seating capacities, which are situated on the campus of San Diego State University (SDSU), including the SDSU Mission Valley site, located in San Diego County. The bill would require any purchase of advertising space or time pursuant to this provision to be conducted by written contract between the beer manufacturer, the holder of the winegrowers license, the rectifier, the craft distiller, the distilled spirits manufacturer, or the distilled spirits manufacturers agent and the owner, any long-term tenant of the complex, or licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. By expanding the definition of a crime, this bill would impose a state-mandated local program.

(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the campus of SDSU, including the SDSU Mission Valley site, located in the County of San Diego.

(3)This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by AB 98 and AB 1330 to be operative only if this bill and AB 98, AB 1330, or both are enacted and this bill is enacted last.

(4)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.

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