Sonoma County Prevention Partnership
June 11, 2010
ACTION ALERT URGENT—TIME SENSITIVE!
AB 605 (Portatino) — An act to add Sections 23396.56 to the Business and Professions code,
relating to alcohol beverages. This bill was originally a horse racing bill. This is a "gut and amend” bill
at the 11th hour. It was amended on June 7, 2010 to become an off‐sale tasting bill. The bill would
authorize the holder of any off‐sale retail license to purchase an instructional tasting license that
would allow an instructional event where free tastings of alcoholic beverages may be served. The bill
is exempt for any limitations on the number of licenses according to city or county requirements and
exempt from an undue concentration requirement. The proposed bill does not require publication
and noticing for the license application. The instructional tastings can occur in the area where
alcoholic beverages are exposed and offered for sale. Tasting participants would be separated by a
permanent or temporary barrier from the rest of the premises. Patrons would be limited to three
tastings in one day. The bill does not identify a monitoring process for regulating the proposed
tasting limitations. The bill does not indicate if patrons are limited to the number of locations they
can consume the maximum three tastings. The proposed license application fee is $300 with a $261
renewal fee.
Status: Senate Governmental Organization Committee
This bill is set for hearing on June 22, 2010!
What Can You Do?
1. Write a letter (see attached template) to Senator Roderick Wright,
Chair, Senate Governmental Organization Committee. You may fax the letter to (916) 445‐3712.
Get individuals from your community to also submit letters. Encourage police departments,
health providers, community‐based organizations, neighborhood organizations, and other
community stakeholders to submit letters.
2. Review the list of Senate Governmental Organization Committee members, and cc your letter to
members from your area (fax numbers can be found online):
http://www.senate.ca.gov/ftp/sen/committee/STANDING/GO/_home1/PROFILE.HTM
Senator Roderick Wright (Chair), District 25
Senator Tom Harman (Vice‐Chair), District 35
Senator Ron Calderon, District 30
Senator Jeff Denham, District 12
Senator Dean Florez, District 16
Senator Gloria Negrete McLeod, District 32
Senator Jenny Oropeza, District 28
Senator Alex Padilla, District 20
Senator Curren Price, District 26
Senator Mark Wyland, District 38
Senator Leland Yee, District 8
3. Follow up your letter with a phone call and visit to their district office
4. Meet with your city, county, and/or state officials or their Aides about the potential community
health, public safety and associated problems with a potential tastings bill.
5. Attend the hearing on June 22. The hearing details will be announced at a later date and
distributed once released. Normally there are only a limited number of people who are actually
allowed to testify. However, there is usually the opportunity for others to come to the
microphone after the testimony, identify themselves and where they are from and to state their
position on the bill.
Talking Points:
1. The bill contains no language to determine appropriate process for local governing bodies or
local law enforcement to monitor and regulate free alcohol tasting in any outlet that sells alcohol
(convenience stores, pharmacies, big box stores, quick marts, grocery stores, etc.) Stipulating
limitations such as one event per day and three allowable tastings per patron is not sufficient to
ensure that consumption will be controlled or that underage access will be prohibited. Given the
shrinking budgets of local agencies, this process creates an added burden to already resource stretched
organizations.
2. The proposed minimal fee structure to obtain and retain an educational tasting license will result
in off‐sale establishments providing free tasting of any alcoholic product thus increasing alcohol
availability. Research documents that when alcohol availability increases, alcohol consumption
increases, resulting in amplified alcohol‐related problems. 1,2
3. Stemming from the basic economic principle of price and demand, research also demonstrates
alcohol price point directly affects alcohol consumption. Therefore, if proposed tastings are free,
overall alcohol consumption is likely to increase. Research documents alcohol consumption is
associated with alcohol‐related problems including injuries, deaths, crime, violence, and
associated costs. This bill would result in increasing the prevalence of alcohol‐related problems.
4. Excessive alcohol use is the third leading preventable cause of death in the United States each
year and responsible for about 10,000 deaths in California alone. In addition, excessive alcohol
use is responsible for numerous hospitalizations due to injuries.3 Creating an opportunity for
increased alcohol consumption, the proposed bill would likely lead to increased alcohol‐related
morbidity and mortality rates in California.
5. The total cost of alcohol use in California is $38 billion annually. This translates to roughly $1000
per resident each year.4 State and county medical programs shoulder $1.8 billion for healthcare
treatment of alcohol‐caused illness, injury, crime, and traffic collisions.5 Understanding that
increased access to alcohol correlates to amplified consumption, the proposed legislation would
raise the financial burden of alcohol on California's already strapped economy, increasing the
price tag public organizations already spend on alcohol‐related costs.
6. The density of alcohol outlets is associated with community crime.6,7 Alcohol outlets are
disproportionately concentrated in economically disadvantaged communities.8,9 As a result, such
neighborhoods often carry the majority of health and safety burdens associated with alcohol
outlet density. The unequal distribution of off‐sale outlets and increased access to free tastings
will likely compound the disproportionate health and safety effects of alcohol in economically
disadvantages communities.
Many thanks to Ed Kikumoto of Alcohol Policy Network for his initial bill analysis.
Additional Information:
Attached please find three additional documents for your information: 1) The amended AB 605; 2) AB
605 Bill Analysis prepared by Ed Kikumoto of Alcohol Policy Network; and 3) Letter template.
For more information on about this alert, please e‐mail Jana Stone at jstone@sonoma‐county.org or
call her at 707.565.6642.
1 Alcohol Availability, Alcohol Consumption and Alcohol‐Related Damage. The Distribution of Consumption Model.
Brian R. Rush, Louis Gliksman, Robert Brook. Journal of Studies on Alcohol and Drugs, January 1986.
2 Alcohol: No Ordinary Commodity. Research and Public Policy. By T. F. Babor, R. Caetano, S. Casswell, G. Edwards, N.
Giesbrecht, K. Graham, J. Grube, P. Gruenewald, L. Hill, H. Holder, R. Homel, E. Osterberg, J. Rehm, R. Room and I.
Rossow. Oxford University Press. 2003
3 Alcohol‐Related Deaths and Hospitalizations by Race, Gender, and Age in California. Stahre, Simon. The Open
Epidemiology Journal, 2010.
4 Marin Institute (July 2008).The Annual Catastrophe of Alcohol in California. Retrieved August 14, 2009 from
http://www.marininstitute.org/site/images/stories/pdfs/coststudygraphicfinal.pdf
5 Marin Institute (July 2008).The Annual Catastrophe of Alcohol in California. Retrieved August 14, 2009 from
http://www.marininstitute.org/site/images/stories/pdfs/coststudygraphicfinal.pdf
490 Mendocino Ave., Suite 202 ⋅ Santa Rosa, CA 95401 ⋅ 707.565.6680 ⋅ Fax 707‐565.6619
6 "Wetter” neighborhoods have higher levels of drinking, accidents and violence. Scribner, Richard: Alcoholism:
Clinical & Experimental Research, February 2000.
7 Alcohol Outlet Density and Violence: A Geospatial Analysis. Zhu, Gorman, Horel: Alcohol & Alcoholism, 2004.
8 Social Science and Medicine Health risk and inequitable distribution of liquor stores in African American
neighborhood. LaVeist, Wallace. Social Science & Medicine, August 2000.
9 The Concentration of Liquor Outlets in an Economically Disadvantaged City in the Northeastern United States.
Gorman, Speers. Comm. Substance Use & Misuse, 1997.