Guidance information for doing non-profit events
Following information, provided by the Family Winemakers of California,
is of interest to any recognized non-profit who want alcohol at their
event, but should not be considered as
legal advice.
The Basic Rules
• Donations and sales of alcoholic beverages (i.e., wine)
is governed by the ABC Act (Title 9 of the Business
and Professions Code).
• A license issued by the ABC is required to sell alcohol.
• Non-profit organizations can accept donations of wine; but
NOT ALL licensees are allowed to donate wine.
• Only winegrowers (Type 02 licensees) are authorized to assist
the non-profit organization in conducting a
wine tasting.
• Only winegrowers (Type 02 licenses) are permitted to take orders
for later fulfillment at non-profit events,
even the special on- or off-sale wine license events where Type 17
and 20 can donate. (See Section 23356.1).
License Types and Privileges
• Wineries (Type 02), importers (Type 09 and 10) MAY donate wine
to non-profit groups.
• Beer and wine wholesalers (Type 17) and beer and wine wholesalers/off-sale
beer and wine retailers (Type 17
and Type 20 combined) MAY NOT donate wine to non-profits unless
the non-profit holds a license authorizing “a” or “any” licensee
to donate to it (such as the special daily on- or off-sale wine
license – the $100 license – discussed
below).
• Again, only Type 02 (wineries) may assist non-profit groups
in conducting wine tastings.
Permit Types Required of Non Profits
Special Permits : |
Fee |
B&P Code |
Valid for: |
| Non-profit TV (beer & wine) |
$100 |
24045.2 |
30 days; 1X per year |
| Women’s educ. & charitable |
$100 |
24045.3 |
1 day; 1X per year |
| Off-sale general; auction (Any NP) |
$100 |
24045.4 |
30 days, 1X per year |
| On- or off-sale wine (Any NP) |
$100 |
24045.6
|
2 days; 1X per year |
| Off-sale wine (estate) |
$100 |
24045.8 |
Dept. discretion |
| On-sale beer & wine (TV) |
$100 |
24045.9 |
30 days; 1X per year |
| On-sale wine (viticultural; 501c5) |
$100 |
24045.15 |
60 days; 1X per year |
Daily Permits :
|
Fee
|
B&P Code |
Valid for:
|
| Beer |
$15 |
24045 |
Dept. discretion |
| Wine |
$15 |
24045 |
Dept. discretion |
| Beer & Wine |
$15 |
24045 |
Dept. Discretion |
| On-sale general |
$25 |
24045.1 |
12X per year |
Accepting Donations
• The only special permit (or one-day license) issued to non-profit
organizations generally that permit ANY
(includes Type 17/20) licensee to donate wine to the non-profit
for on-sale purposes is the On- or off-sale wine
(NP) costing $100 and authorized by B&P Code §24045.6.
• For all other special permits and daily permits the Type 17/20
licensee must sell the wine (there is no regulation
of retail price by the ABC) to the non-profit group.
• Again, only Type 02 (wineries) may assist non-profit groups
in conducting wine tastings.
• ASSIST is defined and interpreted by the ABC as standing by
a station where a producer’s wine is being
poured and talking about the wine.
• A Type 17/20 may sell wine and attend the non-profit event,
as a member of the general public, but MAY
NOT assist in the conducting of the tasting.
Who owns the wine?
• A non-profit group selling the wine MUST HAVE a special or
daily permit.
• The non-profit group may accept donations or must purchase
the wine.
• Title to the wine must transfer to the non-profit prior to
the event and should be accompanied by a document
specifying the transfer between parties.
• The ABC does not object to return of unused wine by the non-profit
group to the donating or selling producer.
Producer Guidance
• Before committing to help with an event organized by ANY non-profit
group, insist on getting a copy of the
ABC special permit or daily permit.
•
Please note that permits are often issued by the ABC close to the
date of the event.
•
Non-profit groups can download the ABC-221 (7/04) Daily License Application
form at the ABC web site
(www.abc.ca.gov).
•
Key information to look for on Form
ABC-221 is contained in the “Fee” box
at the top right and question
2(b) or 2(c). If you see a $100 fee amount that signifies
that a special temporary license has been issued. Type
17/20 licensees can DONATE wine if the “Nonprofit
Corporation per Section 24045.4 and 24045.6 B&P” box
is checked in 2(c) and the non-profit can verify
that the wine donated
will be for sale and NOT AUCTION.
• Determine what your license privileges allow in terms of participating
(i.e., can you donate or must you sell
wine; can you assist in conducting the tasting or
not?).
• Type 02 (winegrowers) can take orders at non-profit events.
Under no circumstances are Type 17 and 20 license
holders allowed to take orders at the special on-
or off-sale special wine license events where they may donate
wine (but, again, not pour).
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