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§ 53.5. Samples Used in Beer Tastings.

4 CA ADC § 53.5Barclays Official California Code of Regulations

Barclays California Code of Regulations

Title 4. Business Regulations

Division 1. Department of Alcoholic Beverage Control (Refs & Annos)

Article 9. Samples

4 CCR § 53.5

§ 53.5. Samples Used in Beer Tastings.

Currentness

A beer tasting is a presentation of samples of one or more beers, representing one or more beer manufacturers or industry labels, to a group of consumers for the purpose of acquainting the tasters with the characteristics of the beer or beers tasted.

Licensees may engage in beer tasting activities only as set forth in this rule. In addition to furnishing beers as provided herein, licensees may supply small amounts of bread, crackers, pretzels, cheeses or nuts to clear the taste buds of the participants between successive samples of beer during a beer tasting.

(a) Beer tastings Sponsored by Beer Manufacturer Licensees. Beer tastings may be conducted without charge or for a fee for the public on a premises licensed with a beer manufacturer's license or duplicate beer manufacturer's license, provided, however, that no beer tasting shall be held on that portion of a beer manufacturer's or duplicate beer manufacturer's premises which is licensed with a retail license. Beer may be offered for tastings by such licensees as follows:

(1) Only beer which was produced or bottled by the beer manufacturer or was produced and bottled for such beer manufacturer may be offered for tastings by such beer manufacturer.

(b) Beer tastings Sponsored by Private Organizations. Licensed beer manufacturers or out-of-state beer manufacturer's certificate holders may furnish beer which is produced or bottled by such beer manufacturer or out-of-state beer manufacturer's certificate holder; or is produced and bottled for such beer manufacturer or out-of-state beer manufacturer's certificate holder; may conduct beer tastings which are sponsored by a bona fide charitable, fraternal, political, religious, trade, service, or similar private organization, where all of the following conditions shall prevail:

(1) The sponsor shall be a nonprofit organization.

(2) Attendance shall be limited to persons affiliated with the sponsor. “Persons affiliated with the sponsor” means directors, officers, members, employees and volunteers of the sponsoring organization including up to three invited guests of each such person.

(3) No charge or donation shall be made either for the beer served or for admission to the premises.

(4) There shall be no advertising or public announcements of the event as a beer tasting, and the general public shall not be invited.

(5) No beer shall be sold, and no sales or orders solicited, nor shall order blanks be placed in or about the premises. Brochures describing beers and their prices may be distributed, provided that they are not suitable for use as order blanks. No beer may be given as a gift, nor as a prize to be removed from the premises.

(6) Beer tastings sponsored by private organizations may be held on unlicensed premises. They may also be held on premises regularly licensed with an on-sale general, on-sale beer and wine or on-sale beer license, provided that the tastings are held in a banquet room or other portion of the premises which is completely separated from that portion of the premises where the sale of alcoholic beverages is being made; that no consumption of other alcoholic beverages is permitted; and that the retail licensee has surrendered the privileges of his license for the period the beer tasting is being conducted on that portion of the retail premises in which the beer tasting will take place, on a form provided by the department. All beer which is not consumed at the tasting shall be retained by the licensee or certificate holder conducting the tasting.

(c) Club Licensees. No licensee shall furnish or donate beers for tastings to be held on a premises licensed by the department with any type of club license.

(d) Retail Licensees. No beer tasting shall be given for the benefit of any retail licensee, and no retail licensee shall participate in a beer tasting directly or indirectly, except as provided in this rule.

(e) Records. Licensees who are authorized to furnish or donate beers for beer tastings shall keep a record of all beer so furnished or donated, as follows:

(1) Records of beer actually used and consumed at beer tastings conducted by licensed beer manufacturer or out-of-state beer manufacturer's certificate holder shall include the date of the tasting, the name and address of the licensee or certificate holder, the address of the tasting if not conducted on the licensee's premises, and the brand, class, and type, and the quantity of each beer used.

(2) Records of beer furnished by licensees to private organizations for beer tastings shall include the date of the tasting, the name and address of the licensee, the name of the sponsoring organization, the address of the tasting, and the brand, class and type, and quantity of each beer furnished.

(3) Such records of samples of beer used for beer tasting purposes shall be retained for a period of three years.

(f) Exceptions.

(1) Nothing in this rule shall prevent the holder of any license which permits the sale and consumption of beer on the premises from holding a beer tasting of beers legally acquired, provided the on-sale licensee shall charge for the beers presented in accordance with law.

(2) An organization holding a temporary beer license may accept donations, charge admissions, and otherwise make charges for beer to be served at a beer tasting, and may advertise such events, which may be open to the public. A licensed beer manufacturer or out-of-state beer manufacturer's certificate holder may give beer to such a temporary licensee only if such temporary licensee is a nonprofit corporation or association exempt from the payment of income taxes under the provisions of the Internal Revenue Code of 1954 of the United States. Any other holder of a temporary license shall purchase all beers. Licensed beer manufacturers or out-of-state beer manufacturer's certificate holders may assist the holder of a temporary beer license in conducting a beer tasting.

(3) No student organization, college fraternity or sorority shall sponsor a beer tasting.

Credits

Note: Authority cited: Section 22, Article XX, California Constitution; and Sections 23357.3 and 25750, Business and Professions Code. Reference: Sections 23357.3 and 25750, Business and Professions Code.