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<ns0:Id>20250SB__091799INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-27</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Laird</ns0:AuthorText>
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<ns0:House>SENATE</ns0:House>
<ns0:Name>Laird</ns0:Name>
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<ns0:Title> An act to amend Section 23399.4 of the Business and Professions Code, relating to alcoholic beverages. </ns0:Title>
<ns0:RelatingClause>alcoholic beverages</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Alcoholic beverages: certified farmers’ market sales permit.</ns0:Subject>
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<html:p>The Alcoholic Beverage Control Act authorizes the Department of Alcoholic Beverage Control to issue a certified farmers’ market sales permit to a licensed winegrower, which authorizes the licensee, a member of the licensee’s family, or an employee of the licensee to sell wine at certified farmers’ market locations, as provided. The act places certain restrictions on the wine that the licensed winegrower may sell at a certified farmers’ market, including requiring the wine to be produced entirely from grapes or other agricultural products grown by the winegrower.</html:p>
<html:p>This bill would remove the requirement that the grapes or other agricultural products that produced the wine be grown by the winegrower.</html:p>
<html:p>Under existing law, the certified farmers’ market sales permit authorizes an instructional tasting event by
the licensee on the subject of wine at a certified farmers’ market. Existing law subjects the instructional tasting event to the authorization and managerial control of the operator of the certified farmers’ market and prohibits more than one licensee from conducting an instructional tasting event during a certified farmers’ market. Existing law provides that a violation of the Alcoholic Beverages Control Act is a misdemeanor, unless otherwise specified.</html:p>
<html:p>This bill, instead, would subject the number of licensees allowed to conduct an instructional tasting event during the operational hours of a certified farmers’ market to the authorization and managerial control of the operator of the certified farmer’s market. The bill would require a person the licensee designates to provide the instructional tasting to possess a valid alcohol server certification, as specified. The bill would require a designated person to be present at the instructional tasting and actively
overseeing all alcoholic beverage service for the entire duration of the instructional tasting. By expanding an existing crime, this bill imposes a state-mandated local program.</html:p>
<html:p>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.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_23E00492-59EC-4920-A50F-529B79492124">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 23399.4 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>23399.4.</ns0:Num>
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(a)
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A licensed winegrower may apply to the department for a certified farmers’ market sales permit. A certified farmers’ market sales permit shall authorize the licensee, a member of the licensee’s family, or an employee of the licensee to sell wine at a certified farmers’ market at any place in the state approved by the department. The licensee may only sell wine that is produced entirely from grapes or other agricultural products
and that is bottled by the winegrower. In addition, the permit will allow an instructional tasting event by the licensee on the subject of wine at a certified farmers’ market. The permit may be issued for up to 12 months but shall not be valid for more than one day a week at any single specified certified farmers’ market location. A winegrower may hold more than one certified farmers’ market sales permit. The department shall notify the city, county, or city and county and applicable law enforcement agency where the certified farmers’ market is to be held of the issuance of the permit. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code, and the regulations adopted pursuant thereto.
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(b)
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(1)
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An instructional tasting event is subject to the authorization and managerial control of the operator of
the certified farmers’ market. The licensee, a member of the licensee’s family, or an employee of the licensee may conduct an instructional tasting event for consumers on the subject of wine at a certified farmers’ market.
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(2)
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(A)
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At all times during an instructional tasting event, the instructional tasting event area shall be separated from the remainder of the market by a wall, rope, cable, cord, chain, fence, or other permanent or temporary barrier. The licensee shall designate at least one person to provide the instructional tasting. A person designated to provide instructional tasting shall possess a valid alcohol server
certification pursuant to Article 4 (commencing with Section 25680) of Chapter 16. For the entire duration of the instructional tasting, there shall be at least one designated person present at the instructional tasting and actively overseeing all alcoholic beverage service. The number of licensees allowed to conduct an instructional tasting event during the operational hours of a certified farmers’ market is subject to the authorization and managerial control of the operator of the certified farmers’ market.
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(B)
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The licensee shall not permit any consumer to leave the instructional tasting area with an open container of wine.
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<html:p>
(c)
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The licensee shall not pour more than three ounces of wine per person per day.
</html:p>
<html:p>
(d)
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The licensed winegrower eligible for the certified farmers’ market sales permit
shall not sell more than 5,000 gallons of wine annually pursuant to all certified farmers’ market sales permits held by any single winegrower. The licensed winegrower shall report total certified farmers’ market wine sales to the department on an annual basis. The report may be included within the annual report of production submitted to the department, or pursuant to any regulation as may be prescribed by the department.
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<html:p>
(e)
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Except as otherwise provided in this division or by the rules of the department, no premium, gift, free goods, or other thing of value shall be given away by the licensee, a member of the licensee’s family, or an employee of the licensee in connection with an instructional tasting event conducted pursuant to this section that includes tastings of wine.
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<html:p>
(f)
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The fee for any permit issued pursuant to this section shall be the annual fee as specified in
subdivision (b) of Section 23320.
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<ns0:Num>SEC. 2.</ns0:Num>
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No reimbursement is required by this act pursuant to Section 6 of Article XIII
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B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
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B of the California Constitution.
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