74691. (a) On or before June 30, 1990, the commission shall cause a
referendum to be conducted among vintners in the manner specified in
Section 74622 to determine whether this chapter shall be reapproved
and continued in effect. In determining whether this chapter is
reapproved, the director shall find that at least 40 percent of the
total number of vintners from the list established by the director
participated in the referendum, and that either one of the following
has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
processed a majority of the volume of winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting processed 65
percent or more of the volume of the winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(b) If the director finds that a favorable vote has been given to
continue the commission, he or she shall so certify and this chapter
or the appropriate portions thereof shall remain in effect. If the
director finds that a favorable vote has not been given, he or she
shall so certify and declare the operations of this chapter suspended
upon expiration of the marketing season. No bond or security shall
be required for any such referendum.
74692. Following a favorable referendum conducted prior to June 30,
1990, a referendum shall be conducted by the commission every fifth
year thereafter unless a referendum is conducted as a result of a
petition pursuant to this article. In that case, the referendum shall
be every fifth year following the industry petitioned referendum
following procedures provided in this article.
74693. (a) Upon a finding by a two-thirds vote of the commission
that this chapter has not tended to effectuate its declared purposes,
the commission may recommend to the director that this chapter be
suspended.
(b) Alternatively, the director may be petitioned to suspend this
chapter. The petition shall be signed by 20 percent of the vintners
by number who processed not less than 20 percent of the volume of
winegrapes in the immediately preceding marketing season. The
director shall hold a hearing on the petition after receiving it.
(c) The director shall, upon receipt of the recommendation to
suspend this chapter from the commission, or may, after holding the
hearing on the petition to suspend this chapter, hold a referendum
among the vintners to determine if the commission shall be suspended.
However, the director shall not hold a referendum as a result of the
petition unless the petitioner shows by the weight of evidence that
this chapter has not tended to effectuate its declared purposes.
(d) The director shall establish a referendum period, which shall
not be less than 10 days nor more than 60 days in duration. The
director may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the referendum period, the
director shall tabulate the ballots filed during the period. If at
least 40 percent of the total number of vintners from the list
established by the director participate in the referendum, the
director shall suspend this chapter if he or she finds either of the
following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum, voted in favor of suspension; and the vintners so voting
processed a majority of the total quantity of winegrapes processed in
the preceding marketing season by all of the vintners who
participated in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of suspension; and the vintners so voting processed 65
percent or more of the total quantity of winegrapes processed in the
preceding marketing season by all of the vintners who voted in the
referendum.
74694. (a) The director shall terminate the commission at the end
of the current marketing season if the director finds that
termination is requested in writing, within a 90-day period, by at
least 51 percent of the eligible vintners that are directly affected
that process at least 51 percent of the volume of the product.
(b) The person or persons originating the request shall file a
written notice with the director in a manner that establishes the
date the request is initiated. Any person may withdraw his or her
name from the petition requesting the termination prior to the time
the request is presented to the director.
(c) The signatures to the petition requesting termination need not
all be appended to one sheet of paper. Each person signing the
petition shall add his or her signature and business address. If no
business address is given, a designation of the place of business
shall be given which will enable the location to be readily
ascertained.
(d) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.
74695. After the effective date of suspension of this chapter, the
operations of the commission shall be concluded and any and all funds
remaining held by the commission and not required to defray the
expenses of concluding and terminating the commission shall be
returned on a pro rata basis to all persons from whom assessments
were collected in the immediately preceding marketing season.
However, if the commission finds that the amounts so returnable are
so small as to make impractical the computation and remitting of the
pro rata refund to these persons, any funds shall be paid into an
appropriate program conducted by the University of California or the
California State University, another state agency, or a federal
agency which deals with the purposes of this chapter. If no program
exists, the funds shall be paid into the State Treasury as unclaimed
trust funds.
74696. Upon suspension of this chapter, the commission shall mail a
copy of the notice of suspension to all vintners affected by the
suspension whose names and addresses are on file.
74691. (a) On or before June 30, 1990, the commission shall cause a
referendum to be conducted among vintners in the manner specified in
Section 74622 to determine whether this chapter shall be reapproved
and continued in effect. In determining whether this chapter is
reapproved, the director shall find that at least 40 percent of the
total number of vintners from the list established by the director
participated in the referendum, and that either one of the following
has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
processed a majority of the volume of winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting processed 65
percent or more of the volume of the winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(b) If the director finds that a favorable vote has been given to
continue the commission, he or she shall so certify and this chapter
or the appropriate portions thereof shall remain in effect. If the
director finds that a favorable vote has not been given, he or she
shall so certify and declare the operations of this chapter suspended
upon expiration of the marketing season. No bond or security shall
be required for any such referendum.
74692. Following a favorable referendum conducted prior to June 30,
1990, a referendum shall be conducted by the commission every fifth
year thereafter unless a referendum is conducted as a result of a
petition pursuant to this article. In that case, the referendum shall
be every fifth year following the industry petitioned referendum
following procedures provided in this article.
74693. (a) Upon a finding by a two-thirds vote of the commission
that this chapter has not tended to effectuate its declared purposes,
the commission may recommend to the director that this chapter be
suspended.
(b) Alternatively, the director may be petitioned to suspend this
chapter. The petition shall be signed by 20 percent of the vintners
by number who processed not less than 20 percent of the volume of
winegrapes in the immediately preceding marketing season. The
director shall hold a hearing on the petition after receiving it.
(c) The director shall, upon receipt of the recommendation to
suspend this chapter from the commission, or may, after holding the
hearing on the petition to suspend this chapter, hold a referendum
among the vintners to determine if the commission shall be suspended.
However, the director shall not hold a referendum as a result of the
petition unless the petitioner shows by the weight of evidence that
this chapter has not tended to effectuate its declared purposes.
(d) The director shall establish a referendum period, which shall
not be less than 10 days nor more than 60 days in duration. The
director may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the referendum period, the
director shall tabulate the ballots filed during the period. If at
least 40 percent of the total number of vintners from the list
established by the director participate in the referendum, the
director shall suspend this chapter if he or she finds either of the
following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum, voted in favor of suspension; and the vintners so voting
processed a majority of the total quantity of winegrapes processed in
the preceding marketing season by all of the vintners who
participated in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of suspension; and the vintners so voting processed 65
percent or more of the total quantity of winegrapes processed in the
preceding marketing season by all of the vintners who voted in the
referendum.
74694. (a) The director shall terminate the commission at the end
of the current marketing season if the director finds that
termination is requested in writing, within a 90-day period, by at
least 51 percent of the eligible vintners that are directly affected
that process at least 51 percent of the volume of the product.
(b) The person or persons originating the request shall file a
written notice with the director in a manner that establishes the
date the request is initiated. Any person may withdraw his or her
name from the petition requesting the termination prior to the time
the request is presented to the director.
(c) The signatures to the petition requesting termination need not
all be appended to one sheet of paper. Each person signing the
petition shall add his or her signature and business address. If no
business address is given, a designation of the place of business
shall be given which will enable the location to be readily
ascertained.
(d) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.
74695. After the effective date of suspension of this chapter, the
operations of the commission shall be concluded and any and all funds
remaining held by the commission and not required to defray the
expenses of concluding and terminating the commission shall be
returned on a pro rata basis to all persons from whom assessments
were collected in the immediately preceding marketing season.
However, if the commission finds that the amounts so returnable are
so small as to make impractical the computation and remitting of the
pro rata refund to these persons, any funds shall be paid into an
appropriate program conducted by the University of California or the
California State University, another state agency, or a federal
agency which deals with the purposes of this chapter. If no program
exists, the funds shall be paid into the State Treasury as unclaimed
trust funds.
74696. Upon suspension of this chapter, the commission shall mail a
copy of the notice of suspension to all vintners affected by the
suspension whose names and addresses are on file.
74691. (a) On or before June 30, 1990, the commission shall cause a
referendum to be conducted among vintners in the manner specified in
Section 74622 to determine whether this chapter shall be reapproved
and continued in effect. In determining whether this chapter is
reapproved, the director shall find that at least 40 percent of the
total number of vintners from the list established by the director
participated in the referendum, and that either one of the following
has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum voted in favor of this chapter, and the vintners so voting
processed a majority of the volume of winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of this chapter, and the vintners so voting processed 65
percent or more of the volume of the winegrapes in the preceding
marketing season by all the vintners who voted in the referendum.
(b) If the director finds that a favorable vote has been given to
continue the commission, he or she shall so certify and this chapter
or the appropriate portions thereof shall remain in effect. If the
director finds that a favorable vote has not been given, he or she
shall so certify and declare the operations of this chapter suspended
upon expiration of the marketing season. No bond or security shall
be required for any such referendum.
74692. Following a favorable referendum conducted prior to June 30,
1990, a referendum shall be conducted by the commission every fifth
year thereafter unless a referendum is conducted as a result of a
petition pursuant to this article. In that case, the referendum shall
be every fifth year following the industry petitioned referendum
following procedures provided in this article.
74693. (a) Upon a finding by a two-thirds vote of the commission
that this chapter has not tended to effectuate its declared purposes,
the commission may recommend to the director that this chapter be
suspended.
(b) Alternatively, the director may be petitioned to suspend this
chapter. The petition shall be signed by 20 percent of the vintners
by number who processed not less than 20 percent of the volume of
winegrapes in the immediately preceding marketing season. The
director shall hold a hearing on the petition after receiving it.
(c) The director shall, upon receipt of the recommendation to
suspend this chapter from the commission, or may, after holding the
hearing on the petition to suspend this chapter, hold a referendum
among the vintners to determine if the commission shall be suspended.
However, the director shall not hold a referendum as a result of the
petition unless the petitioner shows by the weight of evidence that
this chapter has not tended to effectuate its declared purposes.
(d) The director shall establish a referendum period, which shall
not be less than 10 days nor more than 60 days in duration. The
director may prescribe additional procedures as may be necessary to
conduct the referendum. At the close of the referendum period, the
director shall tabulate the ballots filed during the period. If at
least 40 percent of the total number of vintners from the list
established by the director participate in the referendum, the
director shall suspend this chapter if he or she finds either of the
following has occurred:
(1) Sixty-five percent or more of the vintners who voted in the
referendum, voted in favor of suspension; and the vintners so voting
processed a majority of the total quantity of winegrapes processed in
the preceding marketing season by all of the vintners who
participated in the referendum.
(2) A majority of the vintners who voted in the referendum voted
in favor of suspension; and the vintners so voting processed 65
percent or more of the total quantity of winegrapes processed in the
preceding marketing season by all of the vintners who voted in the
referendum.
74694. (a) The director shall terminate the commission at the end
of the current marketing season if the director finds that
termination is requested in writing, within a 90-day period, by at
least 51 percent of the eligible vintners that are directly affected
that process at least 51 percent of the volume of the product.
(b) The person or persons originating the request shall file a
written notice with the director in a manner that establishes the
date the request is initiated. Any person may withdraw his or her
name from the petition requesting the termination prior to the time
the request is presented to the director.
(c) The signatures to the petition requesting termination need not
all be appended to one sheet of paper. Each person signing the
petition shall add his or her signature and business address. If no
business address is given, a designation of the place of business
shall be given which will enable the location to be readily
ascertained.
(d) The petition shall bear a copy of the notice of intention.
Signatures shall be secured within the time limit specified in this
section.
74695. After the effective date of suspension of this chapter, the
operations of the commission shall be concluded and any and all funds
remaining held by the commission and not required to defray the
expenses of concluding and terminating the commission shall be
returned on a pro rata basis to all persons from whom assessments
were collected in the immediately preceding marketing season.
However, if the commission finds that the amounts so returnable are
so small as to make impractical the computation and remitting of the
pro rata refund to these persons, any funds shall be paid into an
appropriate program conducted by the University of California or the
California State University, another state agency, or a federal
agency which deals with the purposes of this chapter. If no program
exists, the funds shall be paid into the State Treasury as unclaimed
trust funds.
74696. Upon suspension of this chapter, the commission shall mail a
copy of the notice of suspension to all vintners affected by the
suspension whose names and addresses are on file.
