Form ABC-212 "Supplier Entertainment Permit Authorized by Business and Professions Code Section 25600.5" - California

What Is Form ABC-212?

This is a legal form that was released by the California Department of Alcoholic Beverage Control - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 1, 2014;
  • The latest edition provided by the California Department of Alcoholic Beverage Control;
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  • Fill out the form in our online filing application.

Download a fillable version of Form ABC-212 by clicking the link below or browse more documents and templates provided by the California Department of Alcoholic Beverage Control.

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Download Form ABC-212 "Supplier Entertainment Permit Authorized by Business and Professions Code Section 25600.5" - California

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State of California
Department of Alcoholic Beverage Control
SUPPLIER ENTERTAINMENT PERMIT AUTHORIZED BY BUSINESS
AND PROFESSIONS CODE SECTION 25600.5
LICENSE NUMBER
Pursuant to Business and Professions Code section 25600.5, qualified supplier-
RECEIPT NUMBER
licensees may conduct certain events, at which distilled spirits, wine, food,
entertainment and ground transportation may be given, free of charge, to invited
TOTAL FEE ($200.00 per event)
consumers (see reverse for specific allowances, limitations and prohibitions). The
$
statute requires that a supplier-licensee conducting such an event disclose to the
Department the below information, along with payment of an administrative fee
($200.00) for each event.
Must be submitted at least 30 days prior to date of event.
SECTION 1
1. LICENSEE NAME(S)
2. LICENSE NUMBER
3. CONTACT PERSON
4. CONTACT PHONE NUMBER
5. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR
6. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR
BY LICENSEE WITH ATTENDANCE EXCEEDING 100 PEOPLE
BY LICENSEE WITH ATTENDANCE NOT EXCEEDING 100 PEOPLE
7. EVENT DATE
8. EVENT HOURS
9. ESTIMATED ATTENDANCE
From
To
10. LOCATION OF EVENT (Street Address)
11. NUMBER OF EVENTS AUTHORIZED BY BUSINESS & PROFESSIONS CODE SEC. 25600.5 HELD BY LICENSEE AT THIS LOCATION THIS CALENDAR YEAR
SECTION 2 EVENT HELD ON PREMISES OF A HOTEL
12. NAME OF LICENSED RETAILER
13. RETAILER'S LICENSE NUMBER
SECTION 3 EVENT HELD AT UNLICENSED LOCATION
14. NAME OF LICENSED CATERER TO SERVE GUESTS AT EVENT
15. CATERER'S LICENSE NUMBER
FOR EACH EVENT FOR WHICH A CATERER AUTHORIZATION IS REQUIRED, THIS FORM SHOULD
BE SUBMITTED TO THE DEPARTMENT IN CONJUNCTION WITH FORM ABC-218, SUBMITTED BY
THE HOLDER OF A CATERER'S PERMIT
SECTION 4
I declare under penalty of perjury that to the best of my knowledge these statements are true and correct. I have reviewed and fully understand
the privileges and limitations set forth in Business and Professions Code Section 25600.5.
LICENSEE / AUTHORIZED AGENT NAME (Please Print)
LICENSEE / AUTHORIZED AGENT SIGNATURE
DATE SIGNED
ABC-212 (3/14)
State of California
Department of Alcoholic Beverage Control
SUPPLIER ENTERTAINMENT PERMIT AUTHORIZED BY BUSINESS
AND PROFESSIONS CODE SECTION 25600.5
LICENSE NUMBER
Pursuant to Business and Professions Code section 25600.5, qualified supplier-
RECEIPT NUMBER
licensees may conduct certain events, at which distilled spirits, wine, food,
entertainment and ground transportation may be given, free of charge, to invited
TOTAL FEE ($200.00 per event)
consumers (see reverse for specific allowances, limitations and prohibitions). The
$
statute requires that a supplier-licensee conducting such an event disclose to the
Department the below information, along with payment of an administrative fee
($200.00) for each event.
Must be submitted at least 30 days prior to date of event.
SECTION 1
1. LICENSEE NAME(S)
2. LICENSE NUMBER
3. CONTACT PERSON
4. CONTACT PHONE NUMBER
5. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR
6. NUMBER OF EVENTS CONDUCTED THIS CALENDAR YEAR
BY LICENSEE WITH ATTENDANCE EXCEEDING 100 PEOPLE
BY LICENSEE WITH ATTENDANCE NOT EXCEEDING 100 PEOPLE
7. EVENT DATE
8. EVENT HOURS
9. ESTIMATED ATTENDANCE
From
To
10. LOCATION OF EVENT (Street Address)
11. NUMBER OF EVENTS AUTHORIZED BY BUSINESS & PROFESSIONS CODE SEC. 25600.5 HELD BY LICENSEE AT THIS LOCATION THIS CALENDAR YEAR
SECTION 2 EVENT HELD ON PREMISES OF A HOTEL
12. NAME OF LICENSED RETAILER
13. RETAILER'S LICENSE NUMBER
SECTION 3 EVENT HELD AT UNLICENSED LOCATION
14. NAME OF LICENSED CATERER TO SERVE GUESTS AT EVENT
15. CATERER'S LICENSE NUMBER
FOR EACH EVENT FOR WHICH A CATERER AUTHORIZATION IS REQUIRED, THIS FORM SHOULD
BE SUBMITTED TO THE DEPARTMENT IN CONJUNCTION WITH FORM ABC-218, SUBMITTED BY
THE HOLDER OF A CATERER'S PERMIT
SECTION 4
I declare under penalty of perjury that to the best of my knowledge these statements are true and correct. I have reviewed and fully understand
the privileges and limitations set forth in Business and Professions Code Section 25600.5.
LICENSEE / AUTHORIZED AGENT NAME (Please Print)
LICENSEE / AUTHORIZED AGENT SIGNATURE
DATE SIGNED
ABC-212 (3/14)
 
BUSINESS AND PROFESSIONS CODE SECTION 25600.5
Notwithstanding any other provision of this division, a manufacturer of distilled spirits, distilled spirits manufacturer’s agent, out-of-state distilled
spirits shipper’s certificate holder, winegrower, rectifier, or distiller, or its authorized unlicensed agent, may provide, free of charge,
entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event in connection with the sale or
distribution of wine or distilled spirits, subject to the following conditions:
(a) No licensee, other than those specified in this section, may conduct or participate in any portion of an event authorized by this section. A
licensee authorized to conduct an event pursuant to this section shall not be precluded from doing so on the basis of holding any other type of
alcoholic beverage license.
(b) An event authorized by this section shall be conducted on either the:
(1) Premises for which a caterer’s authorization has been issued, except that any event held on the premises of a licensed winegrower shall not
be authorized to provide any distilled spirits other than brandy.
(2) Premises of a hotel hol ding an on-sale beer and wine or on-sale general l icense, except an event shall not be conducted in the lobby area of
a hotel or in any portion of a hotel t hat is identified, promoted, or otherwise designated by the hotel as a club, nightclub, or other similar
entertainment venue. For purposes of this paragraph, “hotel” means any hotel, motel, resort, bed and breakfast inn, or other similar transient
lodging establishment, but it does not include any residential hot el as defined in Section 50519 of the Health and Safety Code.
(c) A hotel w here the event authorized by this section is being conducted shall maintain, during all times while exercising its license privileges,
other areas within the licensed premises that shall be made readily available to the public not attending the authorized event.
(d) Except as provided in paragraph (2) of subdivision (b), an event authorized by this section shall not be conducted on premises for which a
permanent retail license has been issued.
(e) Except for fair market value payments authorized pursuant to this section, a retail licensee, including the licensed caterer or the licensed
hotel, shall not receive, nor shall the licensee conducting the event give, any other item of value or benefit in connection with events authorized
by this section.
(f) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall be present during the event.
(g) The person authorized by this section to provide, free of charge, entertainment, food, and beverages shall have sole responsibility for
providing payment for the entertainment, food, beverages, and rental f ees at the event. Payments for entertainment, food, beverages, and rental
fees shall not exceed fair market value. No other licensed person shall be authorized, under this section, to provide any portion of these
payments.
(h) Requests for attendance at the event shall be by invitation sent to consumers over 21 years of age at a specific address via mail or email, by
telephone, or presented in person. Invitations or other advertisements of the event shall not be disseminated by any other means. Invitations
shall not be sent by the authorized person or their authorized unlicensed agent inviting all of the employees of a retail licensee or a chain of retail
licensees under common ownership to an authorized event.
(i) Attendance at the event shall be limited to consumers who receive and accept an invitation to the event. Invited consumers may each invite
one guest. All attendees shall be over 21 years of age. The total num ber of consumers and their guests allowed at any event authorized by this
section shall not exceed 600 people. Admittance to the event shall be controlled by a list containing the names of consumers who accepted the
invitation and their guests. The persons identified in this section shall be responsible for compliance.
(j) No premium, gift, free goods, or other thing of value may be given away in connection with the event, except as authorized by this division.
(k) The duration of any event authorized by this section shall not exceed four hours.
(l) (1) Subject to paragraph (3), a person authorized to conduct events pursuant to this section shall not conduct more than 12 events in a
calendar year where the consumers and guests in attendance exceed 100 people, and not more than 24 events in a calendar year where the
consumers and guests in attendance is 100 people or fewer.
(2) The limitation on events authorized by this section shall be by person, whether that person holds a single license or multiple licenses. If a
person holds multiple licenses, the limitation shall be applied to the person holding the license, not by type of license.
(3) A licensee authorized to conduct events pursuant to this section shall not conduct more than two events in a calendar year on the premises
of any single licensed hotel or other licensed hotel und er the same or common ownership.
(4) The licensee conducting the event shall not advertise any retail licensee. If t he event is held on the premises of a retail licensee as permitted
by this section, the licensee conducting the event may list the retailer’s name and address in the invitation and any related advertising for the
sole purpose of identifying the location of the event. The listing of the retailer’s name and address shall be the only reference to the retail
licensee and shall be relatively inconspicuous in relation to the invitation or advertisement as a whole. Pictures or illustrations of the retailer’s
premises, or laudatory references to the retailer, shall not be permitted.
(5) (A) Other than as specifically authorized by this section, alcoholic beverage promotions of any sort shall not be conducted by any licensee in
conjunction with an event held on the premises of a retail licensee pursuant to this section. This restriction includes any discounted drink
specials offered by the retail licensee to consumers.
(B) For purposes of this paragraph, “in conjunction with” means during an event and any period within 24 hours before and 24 hours following
an event.
(6) A retail licensee shall conspicuously offer for sale alcoholic beverages other than the products produced, distributed, bottled, or otherwise
offered for sale by the licensee conducting the event.
(m) At least 30 days prior to an event, the licensee, or its authorized unlicensed agent, authorized to conduct the event shall apply to the
department for a permit authorizing the event. In addition to any other information required by the department, the licensee shall provide the
department all of the following information:
(1) The name of the company authorized to conduct the event.
(2) The number of people planned to be in attendance.
(3) The start and end times for the event.
(4) The location of the event.
(5) The name of the caterer, if required, obtaining the caterer’s authorization for the event.
(n) All alcoholic beverages provided pursuant to this section shall be purchased from the holder of the caterer’s permit or the licensed hotel, as
applicable.
(o) All alcoholic beverages served at an event authorized by this section shall be served in accordance with Sections 25631 and 25632.
(p) No person authorized to conduct an event pursuant to this section shall hold such an event at the same location more than eight times in a
calendar year.
(q) The person authorized to conduct an event under this section may provide attendees at the event with a free ride home. The free rides shall
only constitute free ground transportation to attendees’ homes or to hotels or motels where attendees are staying.
(r) In addition to the prescribed fee imposed upon a licensed caterer to conduct an event authorized by this section, a fee of two hundred dollars
($200) shall be collected by the department from the licensee, or its authorized unlicensed agent, authorized by this section to provide, free of
charge, entertainment, and beverages at an authorized event.
(s) All licensees involved in events held pursuant to this section shall be responsible for compliance with this section, and with all other
provisions of this division in connection with these events, and each may be subject to discipline for violation of this division.
(t) The Legislature finds and declares both of the following:
(1) That it is necessary and proper to require a separation between manufacturing interests, wholesale interests, and retail interests in the
production and distribution of alcoholic beverages in order to prevent suppliers from dominating local markets through vertical i ntegration and to
prevent excessive sales of alcoholic beverages produced by overly aggressive marketing techniques.
(2) Any exception established by the Legislature to the general pr ohibition against tied interests must be limited to the express terms of the
exception so as to not undermine the general pr ohibitions.
(u) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2018, deletes or extends that date.
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