Alcoholic beverage gift restrictions: exceptions: advertising umbrellas.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law generally prohibits a licensee from giving any premium, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as provided by departmental rules or as otherwise authorized. As an exception to this prohibition, existing law authorizes a beer manufacturer, without direct or indirect charge, to give up to 5 cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location, as specified. The Alcoholic Beverage Control Act makes a violation of any of its provisions, for which another penalty or punishment is not specifically provided, a misdemeanor. This bill, until January 1, 2025, would authorize specified licensees or their designated representatives, without direct or indirect charge, to give up to 12 retail advertising umbrellas to an on-sale retail licensee, per licensed location, each calendar year for use at the location. The bill would prohibit the retail advertising umbrellas from exceeding the value of $150 per unit and would prescribe other requirements in this regard. The bill would require the authorized licensees to file records related to the umbrellas provided to an on-sale retail licensee with the department within 30 days of their delivery and would require on-sale retail licensees to keep and maintain records for a 3-year period of all retail advertising umbrellas received, as specified. This bill would provide that any violation of these provisions is a misdemeanor, punishable as provided. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. 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.