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AB-1330 Alcoholic beverages: delivery and provision.(2021-2022)

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Date Published: 06/30/2021 09:00 PM
AB1330:v97#DOCUMENT

Amended  IN  Senate  June 30, 2021
Amended  IN  Senate  June 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1330


Introduced by Assembly Member Frazier

February 19, 2021


An act to amend Sections 25605 and 25613 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1330, as amended, Frazier. Alcoholic beverages: delivery: sale of draught beer. delivery and provision.
(1) The Alcoholic Beverage Control Act prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered.
This bill would expand the above-described prohibition to apply to all licensees and would impose additional conditions to be met for an alcoholic beverage to be delivered to a consumer pursuant to an order received by telephone or other electronic means, including limitations on hours for delivery. The Alcoholic Beverage Control Act provides that a violation of any of its provisions for which another penalty or punishment is not specifically provided is a misdemeanor. By expanding the scope of an existing 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.
(2) Existing law requires any on-sale retail licensee that gives, sells, or otherwise dispenses draught beer to include specified information regarding the beer upon the faucet, spigot, or outlet from which the beer is drawn or in the place of service or consumption, as provided.
This bill would exempt from these requirements licensed premises operated by licensed beer manufacturers. under a beer manufacturer license.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 25605 of the Business and Professions Code is amended to read:

25605.
 A licensee shall not deliver any alcoholic beverage to a consumer pursuant to any order received for an alcoholic beverage by telephone or other electronic means unless all of the following conditions are met:
(a) The person delivering the alcoholic beverage is 21 years of age or over.
(b) The person delivering the alcoholic beverage verifies by means of bona fide evidence of majority and identity that the person taking delivery of the alcoholic beverage is 21 years of age or over.
(c) The person delivering the alcoholic beverage determines that the person taking delivery of the alcoholic beverage is not obviously intoxicated.
(d) The receipt, invoice, or billing statement pertaining to the sale and delivery of the alcoholic beverage identifies the licensee as the merchant.
(e) The delivery of the alcoholic beverage is a person-to-person transfer with the recipient taking physical possession of the alcoholic beverage.
(f) The alcoholic beverage is delivered to a physical address.
(g) The alcoholic beverage is paid for before the delivery of the alcoholic beverage, and no money is exchanged between the person delivering the alcoholic beverage and the person taking delivery of the alcoholic beverage.

(h)The delivery of the alcoholic beverage occurs between the hours of 9 a.m. and 1 a.m. of the following day.

(h) Any alcoholic beverage to be delivered shall be removed from the licensed premises during the hours in which the licensee is permitted to sell, and the delivery shall be complete no later than 60 minutes after the time the licensee is required to end sales.

SEC. 2.

 Section 25613 of the Business and Professions Code is amended to read:

25613.
 (a) Except as provided in subdivision (b), an on-sale retail licensee who gives, sells, or otherwise dispenses any draught beer shall, upon the faucet, spigot, or outlet from which the beer is drawn, attach and keep posted a clear and legible notice, placard, or marker which shall in the English language indicate and declare the name or brand adopted by the manufacturer of the draught beer so given, sold, or dispensed by the licensee. If the faucet, spigot, or other drawing device is in a location not within the room of the place of service and consumption of the beer, there shall also be kept posted a similar notice, placard, or marker in the place of service and consumption of the beer which shall truthfully state and indicate only the kinds and brands of draught beer actually on sale in the premises of the on-sale licensee.
(b) This section shall not apply to any licensed premises operated by a licensed beer manufacturer. premises operated under a beer manufacturer license.

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.