The California Department of Alcoholic Beverage Control (ABC) has launched a new Responsible Beverage Service (RBS) portal to provide mandatory alcohol beverage service training and certification. Under the Responsible Beverage Services Training Act, starting on July 1, 2022, all California licensees with on-premise consumption privileges (including bars, restaurants, and wineries, breweries, and distilleries with tasting […]
A Florida-based wine importer is hoping to shake up the California three-tier system. If successful, any importer or wholesaler in the U.S. may be permitted to sell directly to California retailers. Earlier this year, Orion Wine Imports, LLC filed a lawsuit against the director of the California Department of Alcoholic Beverage Control arguing that licensed […]
An en banc panel of the U.S. Court of Appeal for the Ninth Circuit (the federal appeals court with jurisdiction for the nine western states) has rejected a First Amendment challenge to California’s tied house laws. In so doing, the court overturned an earlier decision by a three-judge panel that had applied a more rigorous standard […]
California lawmakers are considering legislation that would regulate companies offering alcohol delivery services, such as Instacart and Drizly. Senate Bill 254 stops short of requiring “delivery network services” from obtaining a license from the Department of Alcoholic Beverage Control (“ABC”), but does require that the ABC review and approve of their “system” before they engage […]
On March 4, 2016, the California Department of Alcoholic Beverage Control (“ABC”) published an Industry Advisory providing guidance to licensees, marketing companies and winegrower associations participating in “passport” marketing events. Most passport events have the same format – consumers purchase an identifiable event glass, wrist band, passport or punch card from a marketing company or […]
Governor Jerry Brown has signed AB 780, a law which helps clarify the rules that permit an alcohol beverage producer, importer, or wholesaler (collectively, a “supplier”) to list or mention on- and off- premise retailers in supplier-sponsored advertising, including supplier websites and social media channels. As described in more detail below, the new law is fairly […]
Festival season approaches, and many promoters reach out to supplier-side licensees (including wineries and breweries) asking them to participate in or sponsor such events. Here are five important tips to keep in mind when participating in, or deciding whether to participate in, such events held in California: 1) Make sure your sponsorship is legal. Who? California ABC […]
The California Senate Committee on Governmental Organization is considering a bill to streamline the process for qualification of private equity firms seeking to hold an interest in a state alcohol beverage license. SB 796 would add Section 23405.4 to the California Business and Professions Code, which would allow a private equity fund to hold a license and […]
According to a recent article in the Sacramento Bee, the California Department of Alcoholic Beverage Control (“ABC”) recently accused a California winery of violating tied house laws by sending the following tweet: “Two days till @SaveMart Grape Escape in Downtown #Sacramento!” SaveMart Supermarkets holds a California alcohol beverage retailer license, and the ABC considered the […]
Both the California Department of Alcoholic Beverage Control (“ABC”) and the Department of Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) have made information available on their websites for alcohol beverage businesses (including producers, wholesalers, and retailers) seeking earthquake related information. Here are links to those bulletins: ABC’s Earthquake-Related Information for ABC Licensees TTB’s […]
On July 8, 2014, Governor Jerry Brown signed a bill allowing state licensed winegrowers (Type 02 license holders) to host “instructional tasting events” at certified state farmers’ markets. The bill (AB 2488) passed the Senate last month and had the support of the Wine Institute and Family Winemakers of California. Prior to the law’s passage, […]
A bill recently introduced by state assembly member Tom Ammiano in the California State Assembly (AB 1894) would create a Division of Medical Cannabis Regulation and Enforcement within the state’s Department of Alcoholic Beverage Control. The bill also gives the department the power to create a registration system for persons interested in cultivating, manufacturing, testing, […]
As a friendly reminder to all alcoholic beverage industry members, consignment sales of alcoholic beverages are illegal under both California and Federal law. Consignment sales are transactions where title to the alcoholic beverages in question is retained by the seller or where the licensee receiving the alcoholic beverages has the right at any time to […]
Governor Brown signed Senate Bill (SB) 778 into law creating two new Business and Professions (B&P) Code Sections (25600.1 and 25600.2) authorizing consumer contests and sweepstakes conducted by authorized California Department of Alcoholic Beverage Control (ABC) licensees. These statutes become effective January 1, 2013. SB 778 contains significant restrictions, examples of which are described below. […]
On January 1, 2012 California Business & Professions Code Section 23394.7 took effect prohibiting the sale of alcoholic beverages at customer-operated checkout stands. On December 23, 2011, prior to the enactment of this provision, the California ABC issued an Industry Advisory providing guidance to retailers in complying with the new law. This was promptly followed on December 28, 2011 by the […]
The California Department of Alcohol Beverage Control has reevaluated and reversed its position on third-party providers conducting marketing of alcohol beverage products over the Internet, as well as the propriety of licensing a trademark for use on alcohol beverage products without being a producer with an ABC license. This has come after a stakeholder committee, which was formed […]
Governor Jerry Brown signed SB 32 (Leno), to amend Section 23016 of the Business and Professions Code effective immediately. Section 23016 defines a “Rectifier” (defined below); this amendment now allows on-sale licensees to infuse spirits and wine with flavors or blending processes. The issue of infused wine and spirits on on-sale retail premises came to […]
Governor Jerry Brown signed AB 623 (Williams) to create a limited direct-to-consumer wine license in California. The bill creates a new limited off-sale retail wine license which becomes effective on January 1, 2012 under Section 23393.5 of the California Business and Professions Code. The limited off-sale retail wine license authorizes the sale of wine by the licensee […]
The California Department of Alcoholic Beverage Control (ABC) announced authorization for the issuance of five (5) original on-sale general liquor licenses for bona fide public eating places in Napa County, as authorized in Section 23826.10 of the Business & Professions Code. These licenses are to be issued only to premises having a seating capacity for […]
The State of Massachusetts ABC recently held that Groupon’s online coupon discounts for alcohol at bars and restaurants run afoul of that state’s ABC regulation regarding happy hours. This case made clear that the many Groupon-type coupon marketing businesses currently in the market need to recognize the regulatory aspect of their offers when alcoholic beverages become […]
