Wine Donations by Retailers in California?

I’m pretty sure I remember reading about some legislation proposed to make it legal for California wine retailers to donate wine to charitable events. I remember it because most retailers I know use the law against it to avoid making donations.

Does anyone know what ever happened to that legislation?

Aw, come on. Carrie, Randy??? One of you has to remember this. It was a bill put up by a state assembly woman from somewhere in your area.

[scratch.gif]

I didn’t know it was illegal. Are you sure? (Not that I’ve ever done it, of course.)

Not sure if it completely answers your question, but donations/sales to non-profits are addressed in Business and Professions Code 25503.9.

Peter,
Sorry, I started to respond the other day and got busy. I’ve looked all over hell and back and found a few things but nothing on the specific bill you’re talking about. I remember hearing about it but seems to have vanished.

Thanks folks. It looks like donation (or at least pouring) to charitable organizations was opened up to wholesalers and winegrowers, but not to retailers (except under certain specific and rather odd specific circumstances). I remember seeing something to the effect that off-sale licensees were included in the law but that may have been something that was removed before passage.

Peter,

As I recall it had to do with small wineries pouring off site at events. ABC went after them, something that had been ignored for years. It may be a change in ABC licensing and not a bill.

Going back farther I found this:

Three Napa Valley vintners face possible license suspensions or stiff fines Tuesday when they come before an administrative law judge in Napa.
Their crime? They poured wine for charity.
According to the California Alcohol Beverage Control Board, the licenses they hold don’t allow them to pour wine at an event attended by consumers, nor can they donate wine to a nonprofit organization for use at fundraisers. The vintners are Eagle Eye Wine, Elkhorn Peak Cellars and StoneFly Vineyard.

The problem for the trio of wineries is that state law bars wineries without physical plants — or those that cannot otherwise obtain the right sort of license — from pouring wine for consumers or providing it for wine auctions.

Read more: Three Napa wineries test a law saying small operators can't donate to charities


Read more: Three Napa wineries test a law saying small operators can't donate to charities

Thanks Randy.

I do recall all that. I also thought I’d noticed something, in a bill sponsored by Noreen Evans, that surprisingly included off-sale retailers in allowing donations to charities (I think those holding day permits only). Looks like either I’m not remembering correctly or retailers were dropped at some point. There IS law that now allows wholesales and winegrowers to do this. I think there’ was already something in the law allowing wholesalers who ALSO hold off-sale licenses to do it. Regular off-sale retailers can apparently still correctly say it’s illegal.

I was just trying to sort this all out in my mind and Google wasn’t getting it done.

newhere

You’re right… Google is not being especially helpful and the CA ABC site is a maze.

Did those original wineries who got in trouble have Type 22 (Wine Blender) licenses? I don’t think they are allowed to pour. I believe there was some movement after the publicized event to give them the right to participate at charitable tasting but I don’t know if it happened.

Type 02 (Wine Grower) can pour at tastings, charitable or not.

As I recall it basically said that even those who are properly licensed to pour at a charity were out of compliance because of either
-donations were a % of sales
-even if the donations didn’t change, they had order forms at the event. I believe you are suppose to collect info and then market to the attendees afterward.

You may want to inquire of David Breitstein of the Duke of Bourbon in Canoga Park. He donates a lot of wine to charity and would certainly know what the laws are.

There is a bill moving through the Legislature, which would allow winegrowers located in Napa, Lake, Mendocino, and Sonoma Counties to make donations of wine and monetary contributions to the Napa Valley Opera House, under certain conditions. The bill is SB 1531 (Wolk). The bill has moved through the Senate and will be considered by the Assembly before the end of the month. The bill is modeled after a measure that passed a few years ago allowing donations to the San Francisco Symphony.

Oh really Peter, this is very strange to hear that Retailers are donates wine in California. I would like to know that it was illegal or not there? Police allow these things in California?