Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

AB-2378 Alcoholic beverage control: licensing exemption: apprenticeship program for bartending or mixology.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 09/23/2024 02:00 PM
AB2378:v94#DOCUMENT

Assembly Bill No. 2378
CHAPTER 309

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

[ Approved by Governor  September 20, 2024. Filed with Secretary of State  September 20, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2378, Calderon. Alcoholic beverage control: licensing exemption: apprenticeship program for bartending or mixology.
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.
This bill would additionally allow the service of alcoholic beverages without a license or permit by an apprenticeship program for bartending or mixology, if certain requirements are met. The bill would require, in this regard, that the enrolled students are 21 years of age or older, that the program adopts a policy allowing the students to taste, but not consume, the alcoholic beverages, and that there is no extra charge or fee for the alcoholic beverages.
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 any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) 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 service is the same regardless of whether beer or wine is served.
(2) The license of the establishment providing the 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 alcoholic beverages as part of the curriculum of an apprenticeship program for bartending or mixology, provided all of the following requirements are met:
(1) The apprenticeship program is approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code.
(2) Students enrolled in the apprenticeship program are 21 years of age or older.
(3) The apprenticeship program adopts a policy that the students may taste, but may not consume, the alcoholic beverages served.
(4) There is no extra charge or fee for the alcoholic beverages served.