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AB-376 Alcoholic beverages: licenses: arts and crafts workshops. (2021-2022)

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Date Published: 02/01/2021 09:00 PM
AB376:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 376


Introduced by Assembly Member O’Donnell

February 01, 2021


An act to amend Section 23399.5 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 376, as introduced, O’Donnell. Alcoholic beverages: licenses: arts and crafts workshops.
Existing law generally prohibits anyone from manufacturing, importing, or selling alcoholic beverages in California without a license from the Department of Alcoholic Beverage Control. Existing law creates certain exceptions from this proscription, including by allowing the service of alcohol without a license or permit in a limousine or as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages. Existing law creates a similar exception that permits a beauty salon or barber shop to serve wine or beer, subject to additional restrictions on the sizes of the beverages and hours of service.
This bill would allow service of wine or beer by an arts and crafts workshop, if certain requirements are met. The bill would require, in this regard, that there be no extra charge or fee for the beer or wine, as described, that the servings be restricted to specified amounts, and that the wine or beer only be provided during business hours and, in no case later than 10 p.m.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23399.5 of the Business and Professions Code is amended to read:

23399.5.
 (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.
(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.
(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.
(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.
(c) A license or permit is not required for the serving of wine or beer as part of a beauty salon service or barber shop service if the following requirements are met:
(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the beauty salon service or barber shop service is the same regardless of whether beer or wine is served.
(2) The license of the establishment providing the beauty salon service or barber shop service is in good standing with the State Board of Barbering and Cosmetology.
(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.
(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.
(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.
(d) A license or permit is not required for the serving of wine or beer as part of an arts and crafts workshop if the following requirements are met:
(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the arts and crafts workshop is the same regardless of whether beer or wine is served.
(2) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a workshop participant.
(3) The beer or wine is provided only during business hours and in no case later than 10 p.m.
(4) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.