HB 2272

This bill authorizes a celebrity to enter into a celebrity endorsement agreement if the celebrity meets all of the following criteria:  Is at least 21.  Is a citizen of the United States.  Is not a member or employee of the alcoholic beverage commission.  Does not hold a public office and is not a public employee, other than uncompensated appointees to municipal boards and commissions where the boards or commissions on which such appointees serve have no duty to vote for, overlook, or in any manner superintend the sale of alcoholic beverages.  Has not been convicted within the 10 -year period preceding entering the celebrity endorsement agreement of any offense under this title, or of any similar law of any other state or of the United States, prohibiting or regulating the sale, possession, transportation, storing, manufacturing, or otherwise handling alcoholic beverages or beer, or who has, during such period, been engaged in business alone or with others, in violation of any of such laws or rules promulgated pursuant to such laws.  Has not been convicted of a felony involving moral turpitude within the 10 -year period preceding entering the celebrity endorsement agreement.  Has never had a license related to the manufacture, sale, or distribution of any form of alcoholic beverages or beer revoked for cause. This bill provides that a celebrity endorsement agreement, including compensation received by a celebrity under a celebrity endorsement agreement and any personal promotional activities pursuant to a celebrity endorsement agreement, does not constitute a direct or indirect owners hip interest in the alcoholic beverage brand or on-premise establishment and does not constitute property, if the celebrity does not have any ownership interest in the entity that is a party to the celebrity endorsement agreement a nd the celebrity is not directly involved in the operations, management, or control of the entity that is the party to the celebrity endorsement agreement. This bill provides that neither of t he following constitute s involvement in the operations, management, or control of the alcoholic beverage brand or on-premise establishment:  The right to approve use of intellectual property, marketing, brand manufacturing methods, brand taste profiles, and other brand criteria, food, and beverage menus, décor, and other trade dress .  Personal promotional activities or occasional performances by the celebrity at the on-premise establishment or on behalf of the on-premise establishment or alcoholic beverage brand. This bill authorizes the alcoholic beverage commission to require a questionnaire and valid government identification from a celebrity that receives 5% or more of the proceeds from the sale of alcoholic beverages under a celebrity endorsement agreement to establish that the celeb rity meets the criteria above. Any questionnaire, government identification form, celebrity endorsement agreement, or related document provided by a celebrity constitutes proprietary information and is not a public record.