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SB-271 Alcoholic beverages: minors: license suspension and revocation.(2017-2018)

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Date Published: 04/18/2017 09:00 PM
SB271:v98#DOCUMENT

Amended  IN  Senate  April 18, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 271


Introduced by Senator Mendoza

February 08, 2017


An act to amend Section 25658.1 of add Section 25658.3 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


SB 271, as amended, Mendoza. Alcoholic beverages: minors: license suspension and revocation.
The Alcoholic Beverage Control Act prohibits the sale, furnishing, giving, or giving away of alcoholic beverages to, or the purchase of alcoholic beverages by, persons under the age of 21 years, and imposes penalties in that regard.
Under the act, a licensee may petition the department Department of Alcoholic Beverage Control for an offer in compromise when a decision by the department to suspend a license becomes final, but not for a 3rd or subsequent violation of the provisions referenced above that occurs within 36 months of the initial violation. The act authorizes the department to revoke a license for a 3rd violation of those provisions within a 36-month period, as specified.

This bill would authorize a licensee who has violated those provisions and has not had another violation of those provisions within the prior 36 months to attend a responsible retailer class that lasts at least 6 hours and is conducted by a training organization. The bill requires that the department, upon receiving proof of attendance by the licensee, not consider that violation for the above-described purposes.

This bill would authorize the department to not aggregate a first violation of those provisions pertaining to minors as the first violation for the purposes of determining penalties, suspension, or an offer in compromise if the licensee or designee has completed or agrees to complete a Responsible Retailer Course within 6 months of the date of settlement or final decision. The bill would prescribe the requirements of the course and would require the licensee to submit to the department a certificate of completion of the course. The bill would authorize the department to accept a certificate of completion only if the department previously had received from the training provider an attestation under penalty of perjury that the course meets the prescribed requirements. By expanding the scope of the existing crime of perjury, this bill 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 It is the intent of the Legislature to establish a Responsible Retailer Course for retail licensees to encourage best practices to prevent the sale of alcohol to minors.

SEC. 2.

 Section 25658.3 is added to the Business and Professions Code, to read:

25658.3.
 (a) (1) The department is authorized to not aggregate a first violation of Section 25658 as the first violation for the purposes of determining penalties, suspension, or an offer in compromise if the licensee, or agent or manager designated pursuant to paragraph (2), has completed or agrees to complete a Responsible Retailer Course within six months of the date of settlement or final decision.
(2) The licensee may designate an agent or manager who is engaged in day-to-day operations to take the Responsible Retailer Course.
(b) For the purposes of this section, a Responsible Retailer Course shall provide at least six hours of instruction in the best practices to comply with Section 25658. The course shall include, but is not limited to, all of the following:
(1) State alcoholic beverage control laws and regulations pertaining to minors.
(2) Dangers of alcohol poisoning and the effects of alcohol on the body.
(3) Development of a compliance program that establishes policies and procedures.
(4) Other topics identified by the department as appropriate, taking into consideration developments in the law, society, and the alcoholic beverage industry.
(c) (1) The licensee shall pay the cost of completing a Responsible Retailer Course.
(2) The licensee shall submit to the department a certificate of completion issued by the training provider to establish completion of a Responsible Retailer Course.
(d) (1) The department may accept from a licensee a certificate of completion only if the department, before accepting that certificate, received from the training provider of the course an attestation under penalty of perjury that the course meets the requirements established in subdivision (b).
(2) Nothing in this section prohibits the department from rejecting a training provider’s attestation if the department has reasonable grounds to believe that the course does not meet the requirements of subdivision (b) or that the course does not meet the purposes of this section.
(e) A training provider may advertise or market a “Responsible Retailer Course” pursuant to this section only if the course meets the requirements of subdivision (b) and the training provider has filed an attestation with the department in accordance with subdivision (d).

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.Section 25658.1 of the Business and Professions Code is amended to read:
25658.1.

(a)Notwithstanding any other provision of this division, no licensee may petition the department for an offer in compromise pursuant to Section 23095 for a third or any subsequent violation of Section 25658 that occurs within 36 months of the initial violation.

(b)Notwithstanding Section 24200, the department may revoke a license for a third violation of Section 25658 that occurs within any 36-month period. This provision shall not be construed to limit the department’s authority and discretion to revoke a license prior to a third violation when the circumstances warrant that penalty.

(c)A licensee who has violated Section 25658 and has not had a violation of Section 25658 within the previous 36 months may attend a responsible retailer class. The class shall not be less than six hours in duration and shall be conducted by a training organization. Upon receiving proof of attendance by the licensee, the department shall not consider that violation for the purposes of this section.

(d)For purposes of this section, no violation may be considered for purposes of determination of the penalty until it has become final.