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SB-254 Delivery network companies: deliveries of tobacco products and alcoholic beverages.(2017-2018)

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Date Published: 03/13/2017 09:00 PM
SB254:v98#DOCUMENT

Amended  IN  Senate  March 13, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 254


Introduced by Senator Portantino

February 07, 2017


An act relating to alcoholic beverage control. to add Section 25513 to, and to add Chapter 36 (commencing with Section 22949) to Division 8 of, the Business and Professions Code, relating to delivery network companies.


LEGISLATIVE COUNSEL'S DIGEST


SB 254, as amended, Portantino. Alcoholic beverage control. Delivery network companies: deliveries of tobacco products and alcoholic beverages.
Existing law establishes programs to reduce the availability of tobacco products to persons under 21 years of age through specified enforcement activities. The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Unless otherwise specified, a violation of the act is a misdemeanor.
This bill would prohibit a delivery network company, as defined from delivering tobacco products or alcoholic beverages unless they have a system, reviewed and approved by the Department of Alcoholic Beverage Control, that meets specified requirements, including that the company can verify that the products are delivered to a person who is 21 years or age or older. This bill would prohibit a delivery network company from delivery tobacco products and alcoholic beverages to consumers on the grounds of a college or university.
This bill, by expanding the scope of an existing crime, would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law creates the Department of Alcoholic Beverage Control, to which is committed the authority for the administration and enforcement of the Alcoholic Beverage Control Act. Unless otherwise specified, a violation of the act is a misdemeanor.

This bill would state the intent of the Legislature to enact legislation relating to alcoholic beverages in California.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 36 (commencing with Section 22949) is added to Division 8 of the Business and Professions Code, to read:
CHAPTER  36. Delivery Network Companies

22949.
 For purposes of this chapter:
(a) “Delivery network company” means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged delivery as an act of enrichment, financial or otherwise, of goods or services using an online-enabled application or platform to connect consumers with goods or service and to have those goods or services delivered directly to the consumer by an individual compensated by the organization.
(b) “Tobacco product” means any of the following:
(1) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
(3) Any component, part, or accessory of a tobacco product, whether or not sold separately.

22949.1.
 (a) A delivery network company shall not deliver tobacco products to a consumer unless they have a system, reviewed and approved by the Department of Alcoholic Beverage Control, that meets the following requirements:
(1) The company can verify that the individual to which the tobacco products are delivered is 21 years of age or older, the delivery takes place person to person, and the delivery driver compensated by the company is 21 years of age or older.
(2) A consumer can suspend, for any length of time, delivery of tobacco products to a specified location that he or she has identified as the consumer’s primary delivery location.
(b) Notwithstanding subdivision (a), a delivery network company shall not deliver tobacco products to consumers on the grounds of a college or university.

SEC. 2.

 Section 25513 is added to the Business and Professions Code, to read:

25513.
 (a) A delivery network company shall not deliver alcoholic beverages to a consumer unless they have a system, reviewed and approved by the Department of Alcoholic Beverage Control, that meets the following requirements:
(1) The company can verify that the individual to which the alcoholic beverages are delivered is 21 years of age or older, the delivery takes place person to person, and the delivery driver compensated by the company is 21 years of age or older.
(2) A consumer can suspend, for any length of time, delivery of alcoholic beverages to a specified location that he or she has identified as the consumer’s primary delivery location.
(b) Notwithstanding subdivision (a), a delivery network company shall not deliver alcoholic beverages to consumers on the grounds of a college or university.
(c) For purposes of this section, “delivery network company” means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, operating in California that provides prearranged delivery as an act of enrichment, financial or otherwise, of goods or services using an online-enabled application or platform to connect consumers with goods or service and to have those goods or services delivered directly to the consumer by an individual compensated by the organization.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation relating to alcoholic beverages in California.