AB 813 - An Act to Add Section 25503.42 to the Business and Professions Code, Relating to Alcoholic Beverages, and Declaring the Urgency Thereof, to Take Effect Immediately.

Alcoholic beverages: advertising. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages.

This bill would expressly authorize a beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, distilled… More
Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages.

This bill would expressly authorize a beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising space or time from specified fully enclosed venues located in Los Angeles County, as described, under specified conditions. This bill would require a venue owner that enters into a written agreement pursuant to this authorization to obtain an annual certificate from the Department of Alcoholic Beverage Control. This bill would additionally require the department to, in its annual report to the Legislature, include specified information with regard to this authorization. This bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent who, through coercion or other means, induces the holder of a wholesaler’s license to fulfill those contractual obligations guilty of a misdemeanor. This bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising time or space guilty of a misdemeanor. The bill thus imposes a state-mandated local program by creating new crimes.

This bill would make findings regarding the need for special legislation.

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.

This bill would declare that it is to take effect immediately as an urgency statute. Hide
 
Status:
The bill has become law (chaptered). 
Senate Vote: On Passage

PASSED on October 14, 2009.

voted YES: 31 voted NO: 3
6 voted present/not voting

An Act to Add Section 25503.42 to the Business and Professions Code, Relating to Alcoholic Beverages, and Declaring the Urgency Thereof, to Take Effect Immediately.

AB 813 — 2009-2010 Legislature

Summary
Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages.

This bill would expressly authorize a beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising space or time from specified fully enclosed venues located in Los Angeles County, as described, under specified conditions. This bill would require a venue owner that enters into a written agreement pursuant to this authorization to obtain an annual certificate from the Department of Alcoholic Beverage Control. This bill would additionally require the department to, in its annual report to the Legislature, include specified information with regard to this authorization. This bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers… More
Existing law generally restricts certain alcoholic beverage licensees, including manufacturers and winegrowers, from paying, crediting, or compensating a retailer for advertising in connection with the advertising and sale of alcoholic beverages.

This bill would expressly authorize a beer manufacturer, holder of a winegrower’s license, California winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising space or time from specified fully enclosed venues located in Los Angeles County, as described, under specified conditions. This bill would require a venue owner that enters into a written agreement pursuant to this authorization to obtain an annual certificate from the Department of Alcoholic Beverage Control. This bill would additionally require the department to, in its annual report to the Legislature, include specified information with regard to this authorization. This bill would also make a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent who, through coercion or other means, induces the holder of a wholesaler’s license to fulfill those contractual obligations guilty of a misdemeanor. This bill would additionally make an on-sale retail licensee, as described, who solicits or coerces a holder of a wholesaler’s license to solicit a beer manufacturer, holder of a winegrower’s license, winegrower’s agent, distilled spirits manufacturer, holder of a distilled spirits rectifiers general license, or a distilled spirits manufacturer’s agent to purchase advertising time or space guilty of a misdemeanor. The bill thus imposes a state-mandated local program by creating new crimes.

This bill would make findings regarding the need for special legislation.

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.

This bill would declare that it is to take effect immediately as an urgency statute. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 25503.42 to the Business and Professions Code, Relating to Alcoholic Beverages, and Declaring the Urgency Thereof, to Take Effect Immediately.
Author(s)
John Perez
Co-Authors
Subjects
  • Alcoholic beverages: advertising
Major Actions
Introduced2/26/2009
Referred to Committee
Passed Assembly Committee on Governmental Organization4/30/2009
Passed Assembly Committee on Appropriations5/13/2009
Passed Assembly5/28/2009
Passed Senate Committee on Governmental Organization7/08/2009
Passed Senate Committee on Governmental Organization9/08/2009
Failed passage in Senate9/12/2009
Passed Senate9/12/2009
Passed Senate10/14/2009
Passed Assembly Committee on Governmental Organization10/26/2009
Passed Assembly10/26/2009
Presented to the governor (enrolled)10/29/2009
Became law (chaptered).11/05/2009
Bill History
Chamber/CommitteeMotionDateResult
select this voteAssembly Committee on Governmental OrganizationDo pass as amended and be re-referred to the Committee on Appropriations.4/30/2009This motion PASSED the Assembly Committee on Governmental Organization
16 voted YES 0 voted NO 3 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.5/13/2009This motion PASSED the Assembly Committee on Appropriations
16 voted YES 0 voted NO 1 voted present/not voting
select this voteAssemblyAB 813 HALL Assembly Third Reading5/28/2009This bill PASSED the Assembly
76 voted YES 0 voted NO 4 voted present/not voting
select this voteSenate Committee on Governmental OrganizationDo pass, but re-refer to the Committee on Appropriations.7/08/2009This motion PASSED the Senate Committee on Governmental Organization
9 voted YES 1 voted NO 3 voted present/not voting
select this voteSenate Committee on Governmental OrganizationDo pass, but re-refer to the Committee on Appropriations.9/08/2009This motion PASSED the Senate Committee on Governmental Organization
9 voted YES 1 voted NO 3 voted present/not voting
select this voteSenateAssembly 3rd Reading AB813 John A. Perez By Cedillo9/12/2009This bill DID NOT PASS the Senate
22 voted YES 1 voted NO 17 voted present/not voting
select this voteSenateAssembly 3rd Reading AB813 John A. Perez Reconsider9/12/2009This bill PASSED the Senate
39 voted YES 0 voted NO 1 voted present/not voting
currently selectedSenateAssembly 3rd Reading AB813 John A. Perez Urgency Clause10/14/2009This bill PASSED the Senate
31 voted YES 3 voted NO 6 voted present/not voting
select this voteAssembly Committee on Governmental OrganizationSenate amendments be concurred in.10/26/2009This motion PASSED the Assembly Committee on Governmental Organization
13 voted YES 1 voted NO 5 voted present/not voting
select this voteAssemblyAB 813 PEREZ, J. Concurrence- Urgency Added10/26/2009This bill PASSED the Assembly
66 voted YES 4 voted NO 9 voted present/not voting
ActionDateDescription
Introduced2/26/2009
2/26/2009Read first time. To print.
3/01/2009From printer. May be heard in committee March 30.
3/23/2009Referred to Com. on G.O.
4/20/2009From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
4/21/2009Re-referred to Com. on G.O.
4/22/2009In committee: Set, first hearing. Hearing canceled at the request of author.
select this voteVote4/30/2009Do pass as amended and be re-referred to the Committee on Appropriations.
5/04/2009From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 30).
5/05/2009Read second time and amended.
5/06/2009Re-referred to Com. on APPR.
select this voteVote5/13/2009Do pass.
5/14/2009From committee: Do pass. (Ayes 16. Noes 0.) (May 13).
5/18/2009Read second time. To third reading.
5/28/2009Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1733.)
5/28/2009In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage5/28/2009AB 813 HALL Assembly Third Reading
6/11/2009Referred to Com. on G.O.
select this voteVote7/08/2009Do pass, but re-refer to the Committee on Appropriations.
7/08/2009From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (July 8).
8/18/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
8/19/2009Read second time. To third reading.
9/02/2009Read third time, amended. To second reading.
9/03/2009Read second time. To third reading.
9/04/2009Re-referred to Com. on RLS. pursuant to Senate Rule 29.10. Joint Rule 61(a)(12) suspended. (Ayes 39. Noes 0. Page 2222.) From committee: Be re-referred to Com. on G.O. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on G.O.
select this voteVote9/08/2009Do pass, but re-refer to the Committee on Appropriations.
9/08/2009Joint Rule 62(a), file notice suspended. (Page 2256.) From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (September 8). Senate Rule 29.10 suspended. (Ayes 23. Noes 14. Page 2280.)
9/09/2009From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
9/10/2009Read second time and amended. Ordered to third reading.
9/12/2009Read third time. Urgency clause refused adoption. (Ayes 22. Noes 1. Page 2454.) Motion to reconsider made by Senator Cedillo. Reconsideration granted. (Ayes 39. Noes 0. Page 2454.)
select this voteSenate Vote on Passage9/12/2009Assembly 3rd Reading AB813 John A. Perez By Cedillo
select this voteSenate Vote on Passage9/12/2009Assembly 3rd Reading AB813 John A. Perez Reconsider
10/14/2009Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 3. Page 2529.)
currently selectedSenate Vote on Passage10/14/2009Assembly 3rd Reading AB813 John A. Perez Urgency Clause
select this voteVote10/26/2009Senate amendments be concurred in.
10/26/2009In Assembly. Concurrence in Senate amendments pending. May be considered on or after October 28 pursuant to Assembly Rule 77. Assembly Rule 77 suspended. (Page 3552.) Joint Rule 62(a), file notice waived. (Page 3541.) Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2. From committee: With recommendation: That Senate amendments be concurred in. (Ayes 13. Noes 1.) (October 26). Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 66. Noes 4. Page 3552.)
select this voteAssembly Vote on Passage10/26/2009AB 813 PEREZ, J. Concurrence- Urgency Added
10/29/2009Enrolled and to the Governor at 10:45 a.m.
11/04/2009Approved by the Governor.
11/05/2009Chaptered by Secretary of State - Chapter 647, Statutes of 2009.

Total contributions given to Senators within 30 days of the vote "Assembly 3rd Reading AB813 John A. Perez Urgency Clause" from interest groups that…

supported this bill

Professional sports, arenas & related equipment and services

opposed this bill

Wine & distilled spirits manufacturing
Date Range of Contributions
Within days of the vote "Assembly 3rd Reading AB813 John A. Perez Urgency Clause"
ContributorInterest groupAmountsort iconDateSenate memberPartyDistrictVote
Wine Institute CaliforniaWine & distilled spirits manufacturing$1,00010/13/09Lou CorreaDCA-34Yes
Wine Institute CaliforniaWine & distilled spirits manufacturing$1,0009/28/09Tony StricklandRCA-19Yes
Wine Institute CaliforniaWine & distilled spirits manufacturing$7509/22/09John BenoitRCA-37Yes
Wine Institute CaliforniaWine & distilled spirits manufacturing$6509/23/09Leland YeeDCA-8Yes
Wine Institute CaliforniaWine & distilled spirits manufacturing$3509/23/09Leland YeeDCA-8Yes
1 Organization Supported and 1 Opposed; See Which Ones

Organizations that took a position on
An Act to Add Section 25503.42 to the Business and Professions Code, Relating to Alcoholic Beverages, and Declaring the Urgency Thereof, to Take Effect Immediately.: Assembly 3rd Reading AB813 John A. Perez Urgency Clause

1 organization supported this bill

AEG
(2009, October 12). Senate Floor Analysis. Retrieved July 8, 2011, from .

1 organization opposed this bill

Family Winemakers of California
(2009, October 12). Senate Floor Analysis. Retrieved July 8, 2011, from .

Need proof?

View citations of support and opposition

Includes reported contributions to campaigns of Senators in office on day of vote, from interest groups invested in the vote according to MapLight, September 14, 2009 – November 13, 2009.
Contributions data source: FollowTheMoney.org

Contributions by Legislator

Namesort iconPartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$0$0Yes
Elaine AlquistDCA-13$0$0Yes
Roy AshburnRCA-18$0$0Yes
John BenoitRCA-37$0$750Yes
Ron CalderonDCA-30$0$0Yes
Gilbert CedilloDCA-22$0$0Yes
Dave CogdillRCA-14$0$0Yes
Ellen CorbettDCA-10$0$0No
Lou CorreaDCA-34$0$1,000Yes
Dave CoxRCA-1$0$0Yes
Mark DeSaulnierDCA-7$0$0Yes
Jeff DenhamRCA-12$0$0Yes
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$0$0Yes
Dean FlorezDCA-16$0$0Not Voting
Loni HancockDCA-9$0$0Not Voting
Tom HarmanRCA-35$0$0Yes
Dennis HollingsworthRCA-36$0$0Yes
Bob HuffRCA-29$0$0Yes
Christine KehoeDCA-39$0$0Yes
Mark LenoDCA-3$0$0No
Carol LiuDCA-21$0$0Not Voting
Alan LowenthalDCA-27$0$0Yes
Abel MaldonadoRCA-15$0$0Yes
Gloria Negrete McLeodDCA-32$0$0Not Voting
Jenny OropezaDCA-28$0$0Yes
Alex PadillaDCA-20$0$0Yes
Fran PavleyDCA-23$0$0Yes
Curren PriceDCA-26$0$0Yes
Gloria RomeroDCA-24$0$0Yes
George RunnerRCA-17$0$0Yes
Joe SimitianDCA-11$0$0Not Voting
Darrell SteinbergDCA-6$0$0Yes
Tony StricklandRCA-19$0$1,000Yes
Mimi WaltersRCA-33$0$0Yes
Pat WigginsDCA-2$0$0No
Lois WolkDCA-5$0$0Not Voting
Rod WrightDCA-25$0$0Yes
Mark WylandRCA-38$0$0Yes
Leland YeeDCA-8$0$1,000Yes

Add Data Filters:

Legislator Filters
Legislator Filters
Show All
NamePartyDistrict$ From Interest Groups
That Supported
$ From Interest Groups
That Opposed
Vote
Sam AanestadRCA-4$0$0Yes
Elaine AlquistDCA-13$0$0Yes
Roy AshburnRCA-18$0$0Yes
John BenoitRCA-37$0$750Yes
Ron CalderonDCA-30$0$0Yes
Gilbert CedilloDCA-22$0$0Yes
Dave CogdillRCA-14$0$0Yes
Ellen CorbettDCA-10$0$0No
Lou CorreaDCA-34$0$1,000Yes
Dave CoxRCA-1$0$0Yes
Mark DeSaulnierDCA-7$0$0Yes
Jeff DenhamRCA-12$0$0Yes
Denise DuchenyDCA-40$0$0Yes
Bob DuttonRCA-31$0$0Yes
Dean FlorezDCA-16$0$0Not Voting
Loni HancockDCA-9$0$0Not Voting
Tom HarmanRCA-35$0$0Yes
Dennis HollingsworthRCA-36$0$0Yes
Bob HuffRCA-29$0$0Yes
Christine KehoeDCA-39$0$0Yes
Mark LenoDCA-3$0$0No
Carol LiuDCA-21$0$0Not Voting
Alan LowenthalDCA-27$0$0Yes
Abel MaldonadoRCA-15$0$0Yes
Gloria Negrete McLeodDCA-32$0$0Not Voting
Jenny OropezaDCA-28$0$0Yes
Alex PadillaDCA-20$0$0Yes
Fran PavleyDCA-23$0$0Yes
Curren PriceDCA-26$0$0Yes
Gloria RomeroDCA-24$0$0Yes
George RunnerRCA-17$0$0Yes
Joe SimitianDCA-11$0$0Not Voting
Darrell SteinbergDCA-6$0$0Yes
Tony StricklandRCA-19$0$1,000Yes
Mimi WaltersRCA-33$0$0Yes
Pat WigginsDCA-2$0$0No
Lois WolkDCA-5$0$0Not Voting
Rod WrightDCA-25$0$0Yes
Mark WylandRCA-38$0$0Yes
Leland YeeDCA-8$0$1,000Yes

Interest Groups that supported this bill

$ Donated
Professional sports, arenas & related equipment and services$0

Interest Groups that opposed this bill

$ Donated
Wine & distilled spirits manufacturing$3,750
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