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). 
Assembly Vote: On Passage

PASSED on May 28, 2009.

voted YES: 76 voted NO: 0
4 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
currently selectedAssemblyAB 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
select this voteSenateAssembly 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.
currently selectedAssembly 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.)
select this voteSenate 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.

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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 HALL Assembly Third Reading

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
Contributions data source: FollowTheMoney.org

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Anthony AdamsRCA-59$0$0Yes
Tom AmmianoDCA-13$0$0Yes
Joel AndersonRCA-77$0$0Yes
Juan ArambulaICA-31$0$0Yes
Karen BassDCA-47$0$0Yes
Jim BeallDCA-24$0$0Not Voting
Bill BerryhillRCA-26$0$0Yes
Tom BerryhillRCA-25$0$0Yes
Sam BlakesleeRCA-33$0$0Yes
Marty BlockDCA-78$0$0Yes
Bob BlumenfieldDCA-40$0$0Yes
Julia BrownleyDCA-41$0$0Yes
Joan BuchananDCA-15$0$0Yes
Anna CaballeroDCA-28$0$0Yes
Charles CalderonDCA-58$0$0Yes
Wilmer Amina CarterDCA-62$0$0Yes
Wesley ChesbroDCA-1$0$0Yes
Connie ConwayRCA-34$0$0Yes
Paul CookRCA-65$0$0Yes
Joe CotoDCA-23$0$0Yes
Mike DavisDCA-48$0$0Yes
Hector De La TorreDCA-50$0$0Yes
Kevin De LeonDCA-45$0$0Yes
Chuck DeVoreRCA-70$0$0Yes
Mike DuvallRCA-72$0$0Yes
Bill EmmersonRCA-63$0$0Yes
Mike EngDCA-49$0$0Yes
Noreen EvansDCA-7$0$0Yes
Mike FeuerDCA-42$0$0Yes
Nathan FletcherRCA-75$0$0Yes
Paul FongDCA-22$0$0Yes
Felipe FuentesDCA-39$0$0Yes
Jean FullerRCA-32$0$0Yes
Warren FurutaniDCA-55$0$0Yes
Ted GainesRCA-4$0$0Yes
Cathleen GalgianiDCA-17$0$0Yes
Martin GarrickRCA-74$0$0Yes
Danny GilmoreRCA-30$0$0Yes
Curt HagmanRCA-60$0$0Yes
Isadore HallDCA-52$0$0Yes
Diane HarkeyRCA-73$0$0Yes
Mary HayashiDCA-18$0$0Yes
Ed HernandezDCA-57$0$0Yes
Jerry HillDCA-19$0$0Yes
Alyson HuberDCA-10$0$0Yes
Jared HuffmanDCA-6$0$0Yes
Kevin JeffriesRCA-66$0$0Yes
Dave JonesDCA-9$0$0Yes
Steve KnightRCA-36$0$0Yes
Paul KrekorianDCA-43$0$0Not Voting
Ted LieuDCA-53$0$0Yes
Dan LogueRCA-3$0$0Yes
Bonnie LowenthalDCA-54$0$0Yes
Fiona MaDCA-12$0$0Yes
Tony MendozaDCA-56$0$0Yes
Jeff MillerRCA-71$0$0Yes
Bill MonningDCA-27$0$0Not Voting
Pedro NavaDCA-35$0$0Yes
Brian NestandeRCA-64$0$0Yes
Roger NielloRCA-5$0$0Yes
Jim NielsenRCA-2$0$0Yes
John PerezDCA-46$0$0Yes
Manuel PerezDCA-80$0$0Yes
Anthony PortantinoDCA-44$0$0Yes
Curren PriceDCA-51$0$0Yes
Ira RuskinDCA-21$0$0Yes
Mary SalasDCA-79$0$0Yes
Lori SaldanaDCA-76$0$0Yes
Jim SilvaRCA-67$0$0Yes
Nancy SkinnerDCA-14$0$0Yes
Cameron SmythRCA-38$0$0Yes
Jose SolorioDCA-69$0$0Yes
Audra StricklandRCA-37$0$0Yes
Sandre SwansonDCA-16$0$0Yes
Tom TorlaksonDCA-11$0$0Yes
Norma TorresDCA-61$0$0Yes
Alberto TorricoDCA-20$0$0Yes
Van TranRCA-68$0$0Yes
Mike VillinesRCA-29$0$0Yes
Mariko YamadaDCA-8$0$0Not Voting

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