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AB-1275 Alcoholic beverage control: minors.(2021-2022)

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Date Published: 09/23/2021 10:00 AM
AB1275:v96#DOCUMENT

Assembly Bill No. 1275
CHAPTER 208

An act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages.

[ Approved by Governor  September 22, 2021. Filed with Secretary of State  September 22, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1275, Jones-Sawyer. Alcoholic beverage control: minors.
Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.
This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 25666 of the Business and Professions Code is amended to read:

25666.
 (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.
(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.
(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.
(c) For purposes of this section, “minor decoy” means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.