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Spirited Away
A Beer in the Barber Chair
Rarely do you see a vote that is unanimous but apparently those elected to serve in Sacramento like a free glass of beer (or wine) with their haircuts.
The State Assembly voted 79-0 to legalize a practice that some salons and barbershops are doing illegally. Giving a complimentary glass while in the chair.
Under proposed law AB1322, businesses could offer one free serving of beer or wine per customer, during normal business hours only, if they remain in good standing with the barbering and cosmetology board.
Expect SABInBev to monopolize the taps at barber shops like they do with ballparks and airports.
California Craft Beer and the Law
There were some interesting positions taken (I know, That’s What She Said) in a recent blog post on the BrewBound site pertaining to laws and craft beer.’
Tom McCormick, the executive director of the California Craft Brewers Association was asked a few questions about laws and possible laws being considered and where the CCBA stands on them.
First up is Assembly Bill 2004 which would allow brewers to sell their beer at local farmers’ markets if the bill passes. This is something that I have seen very sporadically but that I think might me a good fit if done right. If nothing else, the opportunity should be allowed. This could be a ripe opportunity for a brewery to connect with it’s community and collaborate with farmers who could provide future ingredients. There are also many roadblocks that I foresee. Police or extra security might be involved and the area might need to be roped off to keep the kids out but these could be creatively surmounted.
According to BrewBound, “The bill maintains some restrictions for beer makers, however. Breweries will only be able to sell at farmers markets in their own or adjacent counties. Nevertheless, said McCormick, it would level the playing field with wineries, which have been legally selling products at the markets for many years.”
Next on the docket is Assembly Bill 2010. This tackles the duplicate permit issue. This allows a beer company warehousing and retailing privileges minus beer making. Right now, you can duplicate to your hearts content. But this bill puts a cap of six on the practice. I don’t know where 6 became the perfect number. Why not 10 or 11 1/2? I think that stymies growth to an extent so I disagree with the CCBA’s stance that it is OK. Just because one or more breweries may be growing more quickly doesn’t mean that others won’t in the future or that one brewery will eventually own California. I think we are way past that at this point.
For those few who follow this blog who are interested in the intersection of craft beer and the law, I would love to hear your thoughts.
California Growler Challenge
The next step in the California Growler Challenge, thanks to David Stickel at Beer Geek LA, is the creation of the Facebook page.
So glide over to Facebook and Like Us. And please, share your opinions and/or suggestions.
California Growlers
The March edition of my 2011 Beer Challenge is going to go all legal. I apologize if this puts anyone to sleep.
BUSINESS AND PROFESSIONS CODE
SECTION 25200-25206
This is the main section that hurts the growler cause
25200. All beer sold in this State shall have a label affixed to the package or container thereof, upon which shall appear the true and correct name and address of the manufacturer of the beer, and also the true and correct name of the bottler of the beer if other than the manufacturer. No manufacturer, importer, or wholesaler of beer shall use a container or carton as a package or container of a beer other than such beer as is manufactured by the manufacturer whose name or brand of beer appears upon the container or carton, or use as a package or container of a beer a container or carton which bears the name of a manufacturer of beer or the brand of any beer other than those of the manufacturer of the beer contained in the container or carton.
If I am reading it correctly. The container must have the brewery name on it and the beer inside must be made by that brewer. Thus a growler is stuck. It can’t be blank. And once Brewery A puts the logo on and then only A brand beer can go in.
In my mind that leaves only one option. An addendum exempting Made in California growlers needs to be attached to this section of code.
25202. Manufacturers’ names, brand names, print, or markings first placed on returnable beer containers or cartons made of wood or fiber board shall not be obliterated, mutilated, or marked out without the written consent of the manufacturer whose name, brand, or printed markings is to be obliterated, mutilated, or marked out. This section does not apply to wood or fiber board containers or cartons of a beer manufacturer who has discontinued business and production and is no longer a licensed beer manufacturer.
This section rules out stickers as I read it. So the path of least resistance would be one standard California growler with a tag tied to the handle with the brewery name and beer name with ABV. That way we only need to amend one rule.
Let me know what your interpretation of these two rules are and what may be a good way to proceed. I am ready to hear all opinions.