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SB-543 Pedicabs.(2019-2020)

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Date Published: 08/23/2019 09:00 PM
SB543:v97#DOCUMENT

Enrolled  August 23, 2019
Passed  IN  Senate  May 13, 2019
Passed  IN  Assembly  August 22, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 543


Introduced by Senator Pan

February 22, 2019


An act to amend Section 21215.2 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 543, Pan. Pedicabs.
Existing law generally regulates the operation of pedicabs, including 4-wheeled devices that are primarily or exclusively pedal-powered and seat 8 or more passengers, as specified. Existing law, until January 1, 2020, imposes certain requirements on pedicabs that allow passengers to consume alcohol while on board the pedicab, including that the alcohol consumption must be authorized by local ordinance or resolution and that an onboard safety monitor must be present whenever passengers are consuming alcohol during the operation of the pedicab. A violation of these provisions is an infraction.
This bill would delete the repeal date for the requirements described above, thereby extending those requirements indefinitely. Because a violation of these provisions is a crime, 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: YES  

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


SECTION 1.

 Section 21215.2 of the Vehicle Code is amended to read:

21215.2.
 (a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall additionally operate subject to all of the following requirements:
(1) The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution.
(2) An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (commencing with Section 23152) of Chapter 12 of Division 11 during the operation of the pedicab.
(3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control.
(4) Alcoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab.
(5) Alcoholic beverages may be consumed by a passenger of the pedicab only while the passenger is physically on board and within the pedicab.
(6) All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab.
(7) For purposes of this subdivision, passengers who are pedaling the device are not operators.
(b) A license or permit from the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger.
(c) For purposes of this section, “alcoholic beverage” has the same meaning as defined in Section 23004 of the Business and Professions Code.

SEC. 2.

 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.