Posts Tagged ‘California Alcohol Beverage Control’

California Legislative Roundup 2014

by Rebecca Stamey-White 01.14.14

A new year brings new California laws regulating the alcoholic beverage industry and in our first Booze Rules post of 2014, we’re highlighting some of the biggest changes. AB 1116: Supplier Entertainment of Consumers Events An issue near and dear to many of our clients engaging in consumer tasting events, Assemblymember Hall’s AB 1116 extends and slightly opens up B&P Code § 25600.5, which provides a mechanism for suppliers to entertain consumers off their premises and without charge.  Previously, these events were restricted to in-state licensees (distilled spirits manufacturers, winegrowers, rectifier, distillers or their authorized agents) and could only be conducted at premises not licensed for retail sale with the supplier purchasing the alcohol for the event from a licensed caterer.  Under the new law: – Events may now be conducted by out-of-state distilled spirits shipper’s certificate holders. Note that wholesalers, beer manufacturers, out-of-state wineries and beer manufacturers are still… Read more

California Grocers Association v. ABC, Part 1: California Appeals Court Prohibits Alcohol Sales at Self-Check Out Stands

by Rebecca Stamey-White 10.14.13

Beginning October 18th, 2013, California law will prohibit grocery and liquor store customers from purchasing alcoholic beverages at self-checkout stands.  Retail stores with self-checkout stands that currently permit customers to purchase alcoholic beverages from these stands (even those that currently require employee face-to-face ID verification prior to purchase), will be required to send customers with alcohol to traditional checkout stands operated by cashiers. This is the result of a case decided on September 19th by the California District Court of Appeal (DCA), which ruled that sales of alcoholic beverages could not be made from any checkout stands operated by customers, even if the stands featured a lock on alcohol purchases until a clerk completed a face-to-face verification of identification and released the transaction with an employee code.  See Cal. Grocers Ass’n v. Dep’t of Alcoholic Beverage Control, C070375, 2013 WL 5278729 (Sept. 19, 2013). The case arose from the California… Read more

Would You Like Me to Autograph Your Bottle?

by John Hinman 07.10.12

Supplier Promotional Appearances at California Retail Stores Promotional appearances by celebrity and non-celebrity brand owners and winemakers in California retail establishments (on and off premises) have been a sore subject in California for many years, with the ABC insisting that supplier promotional appearances are “things of value” and that autographing bottles and other items constitutes a “premium, gift or free goods” in violation of Business & Professions Code § 25600. The ABC has sent out warning letters and filed accusations seeking license suspension or revocation against both suppliers and retailers, and distilled spirits suppliers have proposed legislation to permit limited rights to autograph products. However one major California retailer who was accused by the ABC of participating in an unlawful promotional appearance involving autographs decided to fight back. After an extensive hearing on June 14, 2012 the ABC (less than a week later) dismissed the accusation seeking suspension of the… Read more