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.

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

• Audra Strickland
• Ron Calderon
• Dean Florez
• Jenny Oropeza
• Alex Padilla
• Tony Strickland
• Rod Wright
• Isadore Hall
• Gilbert Cedillo

Subjects

• Alcoholic beverages: advertising

Major Actions

Introduced	2/26/2009
Referred to Committee
Passed Assembly Committee on Governmental Organization	4/30/2009
Passed Assembly Committee on Appropriations	5/13/2009
Passed Assembly	5/28/2009
Passed Senate Committee on Governmental Organization	7/08/2009
Passed Senate Committee on Governmental Organization	9/08/2009
Failed passage in Senate	9/12/2009
Passed Senate	9/12/2009
Passed Senate	10/14/2009
Passed Assembly Committee on Governmental Organization	10/26/2009
Passed Assembly	10/26/2009
Presented to the governor (enrolled)	10/29/2009
Became law (chaptered).	11/05/2009

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Governmental Organization	Do pass as amended and be re-referred to the Committee on Appropriations.	4/30/2009	This motion PASSED the Assembly Committee on Governmental Organization 16 voted YES 0 voted NO 3 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	5/13/2009	This motion PASSED the Assembly Committee on Appropriations 16 voted YES 0 voted NO 1 voted present/not voting
select this vote	Assembly	AB 813 HALL Assembly Third Reading	5/28/2009	This bill PASSED the Assembly 76 voted YES 0 voted NO 4 voted present/not voting
select this vote	Senate Committee on Governmental Organization	Do pass, but re-refer to the Committee on Appropriations.	7/08/2009	This motion PASSED the Senate Committee on Governmental Organization 9 voted YES 1 voted NO 3 voted present/not voting
select this vote	Senate Committee on Governmental Organization	Do pass, but re-refer to the Committee on Appropriations.	9/08/2009	This motion PASSED the Senate Committee on Governmental Organization 9 voted YES 1 voted NO 3 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB813 John A. Perez By Cedillo	9/12/2009	This bill DID NOT PASS the Senate 22 voted YES 1 voted NO 17 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB813 John A. Perez Reconsider	9/12/2009	This bill PASSED the Senate 39 voted YES 0 voted NO 1 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB813 John A. Perez Urgency Clause	10/14/2009	This bill PASSED the Senate 31 voted YES 3 voted NO 6 voted present/not voting
select this vote	Assembly Committee on Governmental Organization	Senate amendments be concurred in.	10/26/2009	This motion PASSED the Assembly Committee on Governmental Organization 13 voted YES 1 voted NO 5 voted present/not voting
currently selected	Assembly	AB 813 PEREZ, J. Concurrence- Urgency Added	10/26/2009	This bill PASSED the Assembly 66 voted YES 4 voted NO 9 voted present/not voting

	Action	Date	Description
	Introduced	2/26/2009
		2/26/2009	Read first time. To print.
		3/01/2009	From printer. May be heard in committee March 30.
		3/23/2009	Referred to Com. on G.O.
		4/20/2009	From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
		4/21/2009	Re-referred to Com. on G.O.
		4/22/2009	In committee: Set, first hearing. Hearing canceled at the request of author.
select this vote	Vote	4/30/2009	Do pass as amended and be re-referred to the Committee on Appropriations.
		5/04/2009	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 30).
		5/05/2009	Read second time and amended.
		5/06/2009	Re-referred to Com. on APPR.
select this vote	Vote	5/13/2009	Do pass.
		5/14/2009	From committee: Do pass. (Ayes 16. Noes 0.) (May 13).
		5/18/2009	Read second time. To third reading.
		5/28/2009	Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1733.)
		5/28/2009	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/28/2009	AB 813 HALL Assembly Third Reading
		6/11/2009	Referred to Com. on G.O.
select this vote	Vote	7/08/2009	Do pass, but re-refer to the Committee on Appropriations.
		7/08/2009	From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 1.) (July 8).
		8/18/2009	From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
		8/19/2009	Read second time. To third reading.
		9/02/2009	Read third time, amended. To second reading.
		9/03/2009	Read second time. To third reading.
		9/04/2009	Re-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 vote	Vote	9/08/2009	Do pass, but re-refer to the Committee on Appropriations.
		9/08/2009	Joint 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.)
		9/09/2009	From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.
		9/10/2009	Read second time and amended. Ordered to third reading.
		9/12/2009	Read 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 vote	Senate Vote on Passage	9/12/2009	Assembly 3rd Reading AB813 John A. Perez By Cedillo
select this vote	Senate Vote on Passage	9/12/2009	Assembly 3rd Reading AB813 John A. Perez Reconsider
		10/14/2009	Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 31. Noes 3. Page 2529.)
select this vote	Senate Vote on Passage	10/14/2009	Assembly 3rd Reading AB813 John A. Perez Urgency Clause
select this vote	Vote	10/26/2009	Senate amendments be concurred in.
		10/26/2009	In 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.)
currently selected	Assembly Vote on Passage	10/26/2009	AB 813 PEREZ, J. Concurrence- Urgency Added
		10/29/2009	Enrolled and to the Governor at 10:45 a.m.
		11/04/2009	Approved by the Governor.
		11/05/2009	Chaptered by Secretary of State - Chapter 647, Statutes of 2009.