Bill Text: CA AB1191 | 2009-2010 | Regular Session | Chaptered
Bill Title: Alcoholic beverages: proof of age: passports.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 142, Statutes of 2009. [AB1191 Detail]
Download: California-2009-AB1191-Chaptered.html
BILL NUMBER: AB 1191 CHAPTERED
BILL TEXT
CHAPTER 142
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 9, 2009
PASSED THE ASSEMBLY JULY 13, 2009
AMENDED IN SENATE JUNE 28, 2009
AMENDED IN ASSEMBLY MARCH 27, 2009
INTRODUCED BY Assembly Member Conway
(Coauthors: Assembly Members Anderson and Silva)
FEBRUARY 27, 2009
An act to amend Section 25660 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1191, Conway. Alcoholic beverages: proof of age: passports.
The Alcoholic Beverage Control Act makes it a misdemeanor for any
person under the age of 21 years to purchase any alcoholic beverage
or consume any alcoholic beverage in any on-sale premises. The act
also subjects a holder of a license to sell alcoholic beverages to
criminal prosecution and suspension or revocation of that license if
the licensee sells any alcoholic beverages to any person under 21
years of age. Existing law provides that a licensee's acceptance of
bona fide evidence, as defined, constitutes a defense to any action
against the licensee.
This bill would authorize the acceptance of a valid passport,
issued by the United States government or a foreign government, as
bona fide evidence that a person is 21 years of age or older. This
bill makes findings and declarations with regard to the importance of
tourism to California.
This bill would incorporate changes made by AB 59 that would
become operative if both bills are enacted and this bill is enacted
after AB 59.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Total direct travel spending in California was $96.7 billion
in 2007. Spending on travel increased by 3.6 percent over the
preceding year.
(b) During 2007, travel spending in California directly supported
924,100 jobs with total earnings of $30 billion.
(c) The travel industry generated the greatest number of jobs in
arts, entertainment, and recreation, 226,500 jobs, and accommodation
and food services, 534,000.
(d) Travel spending in 2007 generated $2.2 billion in local taxes
and $3.6 billion in state taxes.
(e) Expenditures on food and beverages constituted 24 percent of
the total spending made by visitors to California.
(f) Tourism within California is not only concentrated in urban
areas; tourism in rural areas within the state accounts for 357,400
jobs, 39 percent of total tourism industry employment, $27 billion in
travel spending, 31 percent of total tax receipts, and $1.6 billion
in state and local taxes.
(g) The travel industry employs 894,000 Californians, the fourth
largest employer in the state.
(h) On average, each county in California earns $1.3 billion from
travel expenditures annually.
(i) In 2007, over 17 percent of all travel spending in the state
was attributable to international travelers. Overseas arrivals in Los
Angeles and San Francisco increased by 7.5 percent, or 3,600,000
arrivals, from 2006 to 2007.
(j) Of California's approximately 14,000,000 international
visitors, about 5,200,000 were from outside North America, equaling
21.7 percent of all international visitors in 2007, an increase of
12.4 percent from 2006.
(k) These visitors reported spending $111 per person per day,
staying an average of 10.5 nights in California. Thus, each visitor
to California spent an average of $1,166 within our state.
SEC. 2. Section 25660 of the Business and Professions Code is
amended to read:
25660. (a) Bona fide evidence of majority and identity of the
person is a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, an identification
card issued to a member of the Armed Forces that contains the name,
date of birth, description, and picture of the person, or a valid
passport issued by the United States or by a foreign government.
(b) In the event an identification card issued to a member of the
Armed Forces is provided as proof of majority and lacks a physical
description, proof of majority may be further substantiated if a
motor vehicle operator's license or other valid bona fide
identification issued by any government jurisdiction is also
provided.
(c) Proof that the defendant-licensee, or his or her employee or
agent, demanded, was shown, and acted in reliance upon bona fide
evidence in any transaction, employment, use, or permission forbidden
by Section 25658, 25663, or 25665 shall be a defense to any criminal
prosecution therefor or to any proceedings for the suspension or
revocation of any license based thereon.
SEC. 2.5. Section 25660 of the Business and Professions Code is
amended to read:
25660. (a) Bona fide evidence of majority and identity of the
person is a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, an identification
card issued to a member of the Armed Forces that contains the name,
date of birth, description, and picture of the person, or a valid
passport issued by the United States or by a foreign government.
(b) In the event an identification card issued to a member of the
Armed Forces is provided as proof of majority and lacks a physical
description, but does include date of birth and a photo, further
proof of majority shall not be required.
(c) Proof that the defendant-licensee, or his or her employee or
agent, demanded, was shown, and acted in reliance upon bona fide
evidence in any transaction, employment, use, or permission forbidden
by Section 25658, 25663, or 25665 shall be a defense to any criminal
prosecution therefor or to any proceedings for the suspension or
revocation of any license based thereon.
SEC. 3. Section 2.5 of this bill incorporates amendments to
Section 25660 of the Business and Professions Code proposed by both
this bill and AB 59. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2010, (2)
each bill amends Section 25660 of the Business and Professions Code,
and (3) this bill is enacted after AB 59, in which case Section 2 of
this bill shall not become operative.
