Bill Text: CA AB1989 | 2013-2014 | Regular Session | Chaptered
Bill Title: Underage drinkers: students in winemaking and brewery science programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 162, Statutes of 2014. [AB1989 Detail]
Download: California-2013-AB1989-Chaptered.html
BILL NUMBER: AB 1989 CHAPTERED
BILL TEXT
CHAPTER 162
FILED WITH SECRETARY OF STATE JULY 21, 2014
APPROVED BY GOVERNOR JULY 21, 2014
PASSED THE SENATE JUNE 30, 2014
PASSED THE ASSEMBLY MAY 15, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 20, 2014
An act to amend Sections 25658 and 25662 of, and to add Section
25668 to, the Business and Professions Code, relating to alcoholic
beverage control.
LEGISLATIVE COUNSEL'S DIGEST
AB 1989, Chesbro. Underage drinkers: students in winemaking and
brewery science programs.
The Alcoholic Beverage Control Act provides that any person under
21 years of age who purchases any alcoholic beverage, who consumes
any alcoholic beverage in any on-sale premises, or who possesses any
alcoholic beverage on any street or highway or in any public place or
any place open to the public is guilty of a misdemeanor. The
Alcoholic Beverage Control Act provides that every person who sells,
furnishes, gives, or causes to be sold, furnished, or given away any
alcoholic beverage to any person under 21 years of age is guilty of a
misdemeanor.
This bill would allow a qualified student to taste an alcoholic
beverage and exempt the student and the qualified academic
institution in which the student is enrolled from criminal
prosecution under the above-described provisions, as provided. The
bill would define the terms "qualified academic institution,"
"qualified student," and "taste" for the purposes of this provision.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25658 of the Business and Professions Code is
amended to read:
25658. (a) Except as otherwise provided in subdivision (c), every
person who sells, furnishes, gives, or causes to be sold, furnished,
or given away any alcoholic beverage to any person under 21 years of
age is guilty of a misdemeanor.
(b) Except as provided in Section 25667 or 25668, any person under
21 years of age who purchases any alcoholic beverage, or any person
under 21 years of age who consumes any alcoholic beverage in any
on-sale premises, is guilty of a misdemeanor.
(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under 21 years of age, and the person
under 21 years of age thereafter consumes the alcohol and thereby
proximately causes great bodily injury or death to himself, herself,
or any other person, is guilty of a misdemeanor.
(d) Any on-sale licensee who knowingly permits a person under 21
years of age to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under 21 years of age, is guilty of a misdemeanor.
(e) (1) Except as otherwise provided in paragraph (2) or (3), or
Section 25667 or 25668, any person who violates this section shall be
punished by a fine of two hundred fifty dollars ($250), no part of
which shall be suspended, or the person shall be required to perform
not less than 24 hours or more than 32 hours of community service
during hours when the person is not employed and is not attending
school, or a combination of a fine and community service as
determined by the court. A second or subsequent violation of
subdivision (b), where prosecution of the previous violation was not
barred pursuant to Section 25667 or 25668, shall be punished by a
fine of not more than five hundred dollars ($500), or the person
shall be required to perform not less than 36 hours or more than 48
hours of community service during hours when the person is not
employed and is not attending school, or a combination of a fine and
community service as determined by the court. It is the intent of the
Legislature that the community service requirements prescribed in
this section require service at an alcohol or drug treatment program
or facility or at a county coroner's office, if available, in the
area where the violation occurred or where the person resides.
(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished by a
fine of one thousand dollars ($1,000), no part of which shall be
suspended, and the person shall be required to perform not less than
24 hours of community service during hours when the person is not
employed and is not attending school.
(3) Any person who violates subdivision (c) shall be punished by
imprisonment in a county jail for a minimum term of six months not to
exceed one year, by a fine of one thousand dollars ($1,000), or by
both imprisonment and fine.
(f) Persons under 21 years of age may be used by peace officers in
the enforcement of this section to apprehend licensees, or employees
or agents of licensees, or other persons who sell or furnish
alcoholic beverages to minors. Notwithstanding subdivision (b), any
person under 21 years of age who purchases or attempts to purchase
any alcoholic beverage while under the direction of a peace officer
is immune from prosecution for that purchase or attempt to purchase
an alcoholic beverage. Guidelines with respect to the use of persons
under 21 years of age as decoys shall be adopted and published by the
department in accordance with the rulemaking portion of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
Law enforcement-initiated minor decoy programs in operation prior to
the effective date of regulatory guidelines adopted by the department
shall be authorized as long as the minor decoy displays to the
seller of alcoholic beverages the appearance of a person under 21
years of age. This subdivision shall not be construed to prevent the
department from taking disciplinary action against a licensee who
sells alcoholic beverages to a minor decoy prior to the department's
final adoption of regulatory guidelines. After the completion of
every minor decoy program performed under this subdivision, the law
enforcement agency using the decoy shall notify licensees within 72
hours of the results of the program. When the use of a minor decoy
results in the issuance of a citation, the notification required
shall be given to licensees and the department within 72 hours of the
issuance of the citation. A law enforcement agency may comply with
this requirement by leaving a written notice at the licensed premises
addressed to the licensee, or by mailing a notice addressed to the
licensee.
(g) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 272 of the Penal Code
and Section 13202.5 of the Vehicle Code.
SEC. 2. Section 25662 of the Business and Professions Code is
amended to read:
25662. (a) Except as provided in Section 25667 or 25668, any
person under 21 years of age who has any alcoholic beverage in his or
her possession on any street or highway or in any public place or in
any place open to the public is guilty of a misdemeanor and shall be
punished by a fine of two hundred fifty dollars ($250) or the person
shall be required to perform not less than 24 hours or more than 32
hours of community service during hours when the person is not
employed or is not attending school. A second or subsequent violation
shall be punishable as a misdemeanor and the person shall be fined
not more than five hundred dollars ($500), or required to perform not
less than 36 hours or more than 48 hours of community service during
hours when the person is not employed or is not attending school, or
a combination of fine and community service as the court deems just.
It is the intent of the Legislature that the community service
requirements prescribed in this section require service at an alcohol
or drug treatment program or facility or at a county coroner's
office, if available, in the area where the violation occurred or
where the person resides. This section does not apply to possession
by a person under 21 years of age making a delivery of an alcoholic
beverage in pursuance of the order of his or her parent, responsible
adult relative, or any other adult designated by the parent or legal
guardian, or in pursuance of his or her employment. That person shall
have a complete defense if he or she was following, in a timely
manner, the reasonable instructions of his or her parent, legal
guardian, responsible adult relative, or adult designee relating to
disposition of the alcoholic beverage.
(b) Unless otherwise provided by law, where a peace officer has
lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under 21 years of age at social gatherings,
when those gatherings are open to the public, 10 or more persons
under 21 years of age are participating, persons under 21 years of
age are consuming alcoholic beverages, and there is no supervision of
the social gathering by a parent or guardian of one or more of the
participants.
Where a peace officer has seized alcoholic beverages pursuant to
this subdivision, the officer may destroy any alcoholic beverage
contained in an opened container and in the possession of, or
provided to, a person under 21 years of age, and, with respect to
alcoholic beverages in unopened containers, the officer shall impound
those beverages for a period not to exceed seven working days
pending a request for the release of those beverages by a person 21
years of age or older who is the lawful owner or resident of the
property upon which the alcoholic beverages were seized. If no one
requests release of the seized alcoholic beverages within that
period, those beverages may be destroyed.
(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.
SEC. 3. Section 25668 is added to the Business and Professions
Code, to read:
25668. (a) A qualified student may taste an alcoholic beverage,
and both the student and the qualified academic institution in which
the student is enrolled shall not be subject to criminal prosecution
under subdivision (a) of Section 25658 and subdivision (a) of Section
25662, if all of the following criteria are met:
(1) The qualified student tastes the alcoholic beverage while
enrolled in a qualified academic institution.
(2) The qualified academic institution has established an
Associate's degree or Bachelor's degree program in enology or brewing
that is designed to train industry professionals in the production
of wine or beer.
(3) The qualified student tastes the alcoholic beverage for
educational purposes as part of the instruction in a course required
for an Associate's degree or Bachelor's degree.
(4) The alcoholic beverage remains in the control of an authorized
instructor of the qualified academic institution who is at least 21
years of age.
(b) Nothing in this section shall be construed to allow a student
under 21 years of age to receive an alcoholic beverage unless it is
delivered as part of the student's curriculum requirements.
(c) A license or permit is not required to be held by a qualified
academic institution engaging in the activities authorized by this
section, provided an extra fee or charge is not imposed for the
alcoholic beverages tasted.
(d) For the purposes of this section, the following terms have the
following meanings:
(1) "Qualified academic institution" means a public college or
university accredited by a commission recognized by the United States
Department of Education.
(2) "Qualified student" means a student enrolled in a qualified
academic institution who is at least 18 years of age.
(3) "Taste" means to draw an alcoholic beverage into the mouth,
but does not include swallowing or otherwise consuming the alcoholic
beverage.
