• Stimulus Package?
  • January 17, 2011 | Author: Gary A. Watt
  • Law Firm: Archer Norris A Professional Law Corporation - Walnut Creek Office
  • The Great Recession has been a trying time, calling for innovative leadership and creative thinking by the California Legislature.  And the Legislature appears to have spent 2010 concerned with your spirits.  The fluid, drinkable kind, that is.  A review of the legislation enacted effective January 1, 2011 includes the following intoxicating mix of beverage measures.

    The new laws:

    Permit licensed winegrowers to produce "spirits of wine" without having to obtain a distilled spirits manufacturer's license.  Bus. & Prof. Code sections 23015; 23358; 23358.2, and 23390.5;

    Create a new type of license allowing for wine, beer and distilled spirits tasting at off-sale licensed premises.  Bus. & Prof. Code sections 2339.6 & 25503.56;

    Permit beer manufacturers and holders of beer and wine importer's licenses to conduct "instructional events" at on-sale retail licensee premises featuring beer.  Bus. & Prof. Code section 25503.45;

    Allow for the return of wine taken out of state.  Bus. & Prof. Code sections 23661.7 & 25238;

    Enable licensed distilled spirits rectifiers to donate or sell their "products" to specified nonprofit entities for the purpose of assisting in fund-raising efforts.  Bus. & Prof. Code section25503.9;

    Enable guests to purchase beer and wine in sealed containers from hotel or motel gift shops.  Bus. & Prof. Code section 2339.61;

    Permit armed forces members to buy alcohol using a military identification card.  Bus. & Prof. Code section 25660.

    Oh, there is one other little change.  Civil Code section 1714 has been amended to limit the social host immunity of a "parent, guardian or another adult who 'knowingly furnishes' alcoholic beverages at his or her residence, to a person under 21 years of age..."

    Bottoms up!