BUSINESS AND PROFESSIONS CODE SECTION 25600.5
Notwithstanding any other provision of this division, a manufacturer of distilled spirits, winegrower, rectifier, or distiller, or its authorized unlicensed agent, may provide, free of charge, entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event in connection with the sale or distribution of wine or distilled spirits, subject to the following conditions:
(a)No licensee, other than those specified in this section, may conduct or participate in any portion of an event authorized by this section. A licensee authorized to conduct an event pursuant to this section shall not be precluded from doing so on the basis of holding any other type of alcoholic beverage license.
(b)An event authorized by this section shall be conducted on premises for which a caterer's permit authorization has been issued, except that any event held on the premises of a licensed winegrower shall not be authorized to provide any distilled spirits other than brandy.
(c)No event authorized by this section shall be conducted on premises for which a permanent retail license has been issued.
(d)Except for fair market value payments authorized pursuant to this section, a licensed caterer shall not receive any other item of
value or benefit in connection with events authorized by this section.
(e)The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall be present during the event.
(f)The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall have sole responsibility for providing payment for the entertainment, food, beverages, and rental fees at the event. Payments for entertainment, food, beverages, and rental fees shall not exceed fair market value. No other licensed person shall be authorized, under this section, to provide any portion of these payments.
(g)Requests for attendance at the event shall be by invitation sent to consumers over 21 years of age at a specific address via mail or e-mail, by telephone, or presented in person. Invitations or other advertisements of the event shall not be disseminated by any other means. Invitations shall not be sent by the authorized person or their authorized unlicensed agent inviting all of the employees of a retail licensee or a chain of retail licensees under common ownership to an authorized event.
(h)Attendance at the event shall be limited to consumers who receive and accept an invitation to the event. Invited consumers may each invite one guest. All attendees shall be over 21 years of age. The total number of consumers and their guests allowed at any event authorized by this section shall not exceed 400 people. Admittance to the event shall be controlled by a list containing the names of consumers who accepted the invitation and their guests. The persons identified in this section shall be responsible for compliance.
(i)No premium, gift, free goods, or other thing of value may be given away in connection with the event, except as authorized by this division.
(j)The duration of any event authorized by this section shall not exceed four hours.
(k)(1) A person authorized to conduct events pursuant to this section shall not conduct more than 12 events in a calendar year
where the consumers and guests in attendance exceed 100 people, and not more than 24 events in a calendar year where the consumers and guests in attendance is 100 people or fewer.
(2)The limitation on events authorized by this section shall be by person, whether that person holds a single license or multiple licenses. If a person holds multiple licenses, the limitation shall be applied to the person holding the license, not by type of license.
(l) When applying for a caterer's permit authorization, the person authorized to conduct an event pursuant to this section shall include, in addition to any information required by the department, all of the following information:
(1)The name of the company authorized to conduct the event.
(2)The number of people planned to be in attendance.
(3)The start and end times for the event.
(4)The location of the event.
(m)All alcoholic beverages provided pursuant to this section shall be purchased from the holder of the caterer's permit.
(n)All alcoholic beverages served at an event authorized by this section shall be served in accordance with Sections 25631 and 25632.
(o)No person authorized to conduct an event pursuant to this section shall hold such an event at the same location more than eight times in a calendar year.
(p)The person authorized to conduct an event under this section
may provide attendees at the event with a free ride home. The free rides shall only constitute free ground transportation to attendees' homes or to hotels or motels where attendees are staying.
(q)In addition to the prescribed fee imposed upon a licensed caterer to conduct an event authorized by this section, the department may also impose a fee upon a licensee authorized by this section to provide, free of charge, entertainment, food, and beverages at an authorized event. The fee shall be representative of the cost of administering and enforcing the provisions of this
section, but shall not exceed two hundred dollars ($200) per event.
(r)The Legislature finds and declares both of the following:
(1)That it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical integration and to prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques.
(2)Any exception established by the Legislature to the general prohibition against tied interests must be limited to the express terms of the exception so as to not undermine the general prohibitions.
(s) This section shall remain in effect until January 1, 2014, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2014, deletes or extends that date.
State of California |
Department of Alcoholic Beverage Control |
FEE RECORD AND SUPPLIER DISCLOSURE FOR EVENT AUTHORIZED BY BUSINESS
AND PROFESSIONS CODE SECTION 25600.5
Pursuant to Business and Professions Code section 25600.5, qualified supplier- licensees may conduct events, in conjunction with licensed caterers, at which distilled spirits, wine, food, entertainment and ground transportation may be given, free of charge, to invited consumers (see reverse for specific allowances, limitations and prohibitions). The statute requires that a supplier-licensee conducting such an event disclose to the Department the below information, along with payment of an administrative fee ($200.00) for each event.
LICENSE NUMBER
RECEIPT NUMBER
TOTAL FEE ($200.00 per event)
$
Must be submitted 7 to 10 days prior to date of event.
SECTION 1
1. LICENSEE NAME(S)
2. CONTACT PERSON |
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3. CONTACT PHONE NUMBER |
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4. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR |
5. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR |
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BY LICENSEE WITH ATTENDANCE EXCEEDING 100 PEOPLE |
BY LICENSEE WITH ATTENDANCE NOT EXCEEDING 100 PEOPLE |
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6. EVENT DATE |
7. EVENT HOURS |
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From |
To |
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8. LOCATION OF EVENT (Street Address) |
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9. ESTIMATED ATTENDANCE
10.NAME OF LICENSED CATERER TO SERVE GUESTS OF EVENT:
11.NUMBER OF EVENTS AUTHORIZED BY BUSINESS & PROFESSIONS CODE SEC. 25600.5 HELD BY LICENSEE AT THIS LOCATION THIS CALENDAR YEAR.
SECTION 2
I declare under penalty of perjury that to the best of my knowledge these statements are true and correct. I have reviewed and fully understand the privileges and limitations set forth in Business and Professions Code Section
LICENSEE / AUTHORIZED AGENT NAME (Please Print)
LICENSEE / AUTHORIZED AGENT SIGNATURE
FOR EACH EVENT, THIS FORM SHOULD BE SUBMITTED TO THE DEPARTMENT IN
CONJUNCTION WITH FORM ABC-218, SUBMITTED BY THE HOLDER OF A CATERER'S PERMIT
