Cal. Code Regs. Tit. 4, § 53 - Samples Used in Winetastings

A winetasting is a presentation of samples of one or more wines, representing one or more wineries or industry labels, to a group of consumers for the purpose of acquainting the tasters with the characteristics of the wine or wines tasted.

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

(a) Winetastings Sponsored by Winegrowers and Wine Blenders.

(1) Winetastings may be conducted without charge or for a fee for the public on a premises licensed with a winegrower's license, duplicate winegrower's license, or California winegrower's agent's license, and on a premises licensed on or before February 2, 1968, with a wine blender's license, provided, however, that no winetasting shall be held on that portion of a winegrower's or duplicate winegrower's premises which is licensed with a retail license.

(2) Wine blenders, licensed on or before February 2, 1968, winegrowers, and California winegrower's agents may conduct winetastings at unlicensed premises, provided, however, that the tasting shall be only by invitation of the wine blender, winegrower, or California winegrower's agent involved; that there shall be no charge or donation made either for the wine served or for admission to the premises; and that the premises shall not be open to the general public during the time that wine is served, consumed, or otherwise disposed of. Only wine which was produced or bottled by such winegrower, or was produced or bottled by the principal of such California winegrower's agent, or was bottled by such wine blender, or was produced and bottled for such winegrower, for the principal of such California winegrower's agent, or for such wine blender may be offered for tastings off a licensed premises. All wine which is not consumed at the tasting shall be retained by the licensee conducting the tasting.

(b) Winetastings Sponsored by Private Organizations. Winegrowers, California winegrower's agents, and wine blenders licensed on or before February 2, 1968, may furnish wine which is produced or bottled by such winegrower or the principal of a California winegrower's agent, or bottled by such wine blender; or is produced and bottled for such winegrower, for the principal of such California winegrower's agent, or for such wine blender; and may conduct winetastings 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 members of the sponsoring organization and their invited guests.

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

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

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

(6) Winetastings sponsored by private organizations may be held on unlicensed premises. They may also be held on premises regularly licensed with an on-sale general or on-sale beer and wine 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 winetasting is being conducted on that portion of the retail premises in which the winetasting will take place, on a form provided by the department.

(c) Winetastings Sponsored by Foreign Consulates or Commercial Attachés. A licensed importer of wines may donate wines for the purpose of winetastings to be conducted by the consular service or commercial attaché of the country of origin of the wine donated, but may not otherwise participate in the winetasting, provided:

(1) Admission to the tasting shall be by invitation only.

(2) There shall be no advertising or announcement of the event as a tasting to the general public, and the general public shall not be invited.

(3) No wine shall be sold, and no sales or orders solicited, nor shall order blanks be placed in or about the premises. Brochures describing wines and their prices may be distributed, provided they are not suitable for use as order blanks.

(4) Winetastings conducted by foreign consulates or commercial attachés may be held on unlicensed premises. They may also be held on premises regularly licensed with an on-sale general or on-sale beer and wine 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 licensed premises to which the public is admitted; that they are held in a portion of the premises where no sale of alcoholic beverages is being made, and no consumption of other alcoholic beverages is permitted; and that they are held in that portion of the retail premises for which the retailer has surrendered the licensed privileges for the period the winetasting is being conducted, on a form provided by the department.

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

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

(f) Records. Licensees who are authorized to furnish or donate wines for winetastings shall keep a record of all wine so furnished or donated, as follows:

(1) Records of wine actually used and consumed at winetastings conducted by winegrowers, California winegrower's agents, or wine blenders shall include the date of the tasting, the name and address of the licensee, the address of the tasting if not conducted on the licensee's premises, and the brand, class, and type, and the quantity of each wine used.

(2) Records of wine furnished by licensees to private organizations, foreign consulates, or commercial attachés for winetastings shall include the date of the tasting, the name and address of the licensee, the name of the sponsoring organization, consulate or commercial attaché, the address of the tasting, and the brand, class and type, and quantity of each wine furnished.

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

(g) Exceptions.

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

(2) An organization holding a temporary wine license may accept donations, charge admissions, and otherwise make charges for wine to be served at a winetasting, and may advertise such events, which may be open to the public. A winegrower or California winegrower's agent may give wine 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 wine license shall purchase all wines.

(3) Wine blenders, licensed on or before February 2, 1968, winegrowers and California winegrower's agents may assist the holder of a temporary wine license in conducting a winetasting. A beer and wine wholesaler that also holds an off-sale beer and wine retail license and only sells wine or the holder of a limited off-sale retail wine license may assist a nonprofit organization only as permitted by Business and Professions Code Section 24045.18.

(4) No student organization, college fraternity or sorority shall sponsor a winetasting.

Notes

Cal. Code Regs. Tit. 4, § 53

1. New section filed 2-23-73; designated effective 3-26-73 (Register 73, No. 8).
2. Amendment filed 5-7-74; designated effective 6-10-74 (Register 74, No. 19).
3. Amendment of subsection (h)(2) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
4. Amendment of subsections (a)(1) and (b), repealer of subsection (f) and subsection redesignation filed 1-18-94; operative 2-17-94 (Register 94, No. 3).
5. Change without regulatory effect amending first paragraph and subsection (a)(1), repealing subsections (a)(1)(A)-(C), amending subsections (b)(5), (e) and (g)(2), adopting new subsection (g)(3), renumbering subsection and amending NOTE filed 4-17-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).

Note: Authority cited: Sections 23355, 23356.1, 23356.9, 23373, 23386, 23390.5 and 25750, Business and Professions Code and Section 22, Article XX, California Constitution. Reference: Sections 23355, 23356.1, 23356.9, 23373, 23386, 23390.5 and 24045.18, Business and Professions Code.

1. New section filed 2-23-73; designated effective 3-26-73 (Register 73, No. 8).
2. Amendment filed 5-7-74; designated effective 6-10-74 (Register 74, No. 19).
3. Amendment of subsection (h)(2) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
4. Amendment of subsections (a)(1) and (b), repealer of subsection (f) and subsection redesignation filed 1-18-94; operative 2-17-94 (Register 94, No. 3).
5. Change without regulatory effect amending first paragraph and subsection (a)(1), repealing subsections (a)(1)(A)-(C), amending subsections (b)(5), (e) and (g)(2), adopting new subsection (g)(3), renumbering subsection and amending Note filed 4-17-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 16).