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California Business And Professions Code Section 23399.6

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 23399.6

(a) Any licensee under a winegrower's license may apply to
the department for a wine sales event permit. The wine sales event
permit shall authorize the sale of bottled wine produced by the
winegrower at festivals, state, county, district, or citrus fruit
fairs, civic or cultural celebrations, or similar events approved by
the department. The sale of the wine shall not be the primary purpose
of the event, and the sale shall be for consumption off the premises
where sold.  The permit shall be valid for a maximum of five
consecutive days during the event period. The event shall be
sponsored by an organization that is exempt from taxation under
Section 23701a of the Revenue and Taxation Code, including state
designated fairs as specified in Section 19418 of the Revenue and
Taxation Code, or exempt from taxation under Section 23701b, 23701d,
23701e, 23701f, 23701g, 23701i, 23701k, 23701l, 23701r, or 23701w of
the Revenue and Taxation Code.
   (b) A wine sales event permit may not be used more than two times
a month at a particular location.
   (c) Consent for sales at each event shall be first obtained by an
annual authorization issued by the department. The applicant for the
wine sales permit is required to notify the city, county, or city and
county where the event is being held at least five days prior to the
event. At all events, a copy of the wine sales permit shall be
maintained. The licensee may exercise only those privileges
authorized by the licensee's license and shall comply with all
provisions of the act pertaining to that license, and any violation
of those provisions may be grounds for suspension or revocation of
the licensee's license or permit, or both, as though the violation
occurred on the licensed premises.
   (d) (1) A licensee may not sell more than 5,000 gallons of wine
annually pursuant to wine sales event permits issued under this
section to that licensee.
   (2) A licensee holding a wine sales event permit may not sell more
than 1,250 gallons of wine per event.
   (3) A licensee that is eligible to receive a certified farmers'
market sales permit under Section 23399.4 and a wine sales event
permit may not, under both permits collectively, sell more than a
total of 5,000 gallons of wine annually.
   (4) The licensee shall annually report to the department the total
gallons of wine sold by that licensee under permits issued under
this section to that licensee. The report may be included within the
annual report of production submitted by the licensee to the
department, or may be made in another manner as prescribed by the
department in regulation.
   (e) The sponsoring tax-exempt organization may charge a fee of the
licensee for the licensee's use of display booth space. The fee, if
paid, shall be comparable with, or less than, fees, or goods or
services of equivalent value, paid by other vendors at the event for
a similar booth size and location.
   (f) The sponsoring tax-exempt organization shall allow the
participation of more than one winegrower under a wine sales event
permit at an event if public attendance at the event is expected to
reach or exceed 1,000 attendees. The prior year's stated attendance
for the event shall be used to determine the expected attendance.
   (g) (1) The fee for the authorization to utilize a wine sales
permit shall be fifty dollars ($50) per year, and the authorization
may be renewable annually at the time of the licensee's license. The
wine sales permit authorization shall be transferable as part of the
license.
   (2) All money collected as fees pursuant to this subdivision shall
be deposited in the Alcohol Beverage Control Fund, as described in
Section 25761, for allocation, upon appropriation by the Legislature,
as provided in subdivision (d) of that section.
   (h) The department may adopt any regulations as it determines to
be necessary for the administration of this section.

Last modified: January 12, 2009