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AB-1242 Alcoholic beverages: bona fide public eating place: off-sale privileges.(2021-2022)



Current Version: 02/19/21 - Introduced Compare Versions information image


AB1242:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1242

Introduced by Assembly Member Bauer-Kahan

February 19, 2021

An act to add Section 23401.5 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1242, as introduced, Bauer-Kahan. Alcoholic beverages: bona fide public eating place: off-sale privileges.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes the department to issue various types of licenses and prohibits a person from exercising the privilege which a licensee may exercise or performing under the authority of a license unless the person is authorized to do so by a license. Existing law authorizes a person holding an on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the license, to exercise the rights and privileges granted by an off-sale beer and wine license.
This bill would authorize a bona fide public eating place holding an on-sale general license or a bona fide public eating place holding an on-sale license for beer and wine to exercise additional off-sale rights and privileges, subject to specified requirements. In this regard, the bill would authorize the licensee to sell alcoholic beverages for off-sale consumption for which their license permits on-sale consumption if the beverages are in manufacturer prepackaged containers. Additionally, the bill would authorize a licensee to sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if specified conditions are met, including that the beverages be sold in conjunction with meals prepared for pickup or delivery, as specified, and be packaged in a container with a secure lid or cap.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23401.5 is added to the Business and Professions Code, to read:

23401.5.
 Notwithstanding any other law to the contrary, a bona fide public eating place holding an on-sale general license or a bona fide public eating place holding an on-sale license for beer and wine may exercise the following rights and privileges subject to the requirements of this section:
(a) The licensee may sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption provided the beverages are in manufacturer prepackaged containers.
(b) In addition to the privilege provided by subdivision (a), the licensee may sell the alcoholic beverages for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if all of the following conditions are met:
(1) The alcoholic beverages are sold in conjunction with meals prepared for pickup or delivery either by the licensee or by a meal provider.
(2) The alcoholic beverages are packaged in a container with a secure lid or cap in a manner designed to prevent consumption without removal of the lid or cap.
(3) (A) The following warning sign is posted in a manner that notifies consumers of restrictions regarding open container laws:

Alcoholic beverages that are packaged by this establishment are open containers and shall not be transported in a motor vehicle except in the vehicle’s trunk or, if there is no trunk, the containers shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. This does not include a utility compartment or glove compartment (See Vehicle Code Section 23225). Additionally, these beverages shall not be consumed in public or in any other area where open containers are prohibited by law.

(B) For purposes of this paragraph, “post” means to prominently display on the premises, post online, or present in whatever manner is necessary to ensure that the consumer purchasing, or delivery person transporting, the beverages to which this section applies is given notice of this warning.