Bill Text: CA AB183 | 2011-2012 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverage licenses: self-service checkouts.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2011-10-09 - Chaptered by Secretary of State - Chapter 726, Statutes of 2011. [AB183 Detail]

Download: California-2011-AB183-Enrolled.html

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BILL NUMBER: AB 183	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2011
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2011
	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN ASSEMBLY  MAY 19, 2011

INTRODUCED BY   Assembly Member Ma
   (Coauthors: Assembly Members Blumenfield, Furutani, Huffman,
Mendoza, and Solorio)

                        JANUARY 25, 2011

   An act to add Section 23394.7 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 183, Ma. Alcoholic beverage licenses: self-service checkouts.
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state.
   This bill would prohibit off-sale licensees from selling alcoholic
beverages using a customer-operated checkout stand located on the
licensee's physical premises. This bill makes findings and
declarations regarding the effects of allowing alcoholic beverages to
be sold using self-service checkouts.
   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional duties on a licensee under the
act, thus, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that allowing
customers to purchase alcoholic beverages through self-service
checkouts:
   (a) Facilitates the purchase of alcoholic beverages by minors.
   (b) Permits customers who are in an advanced state of intoxication
to purchase additional alcoholic beverages, in violation of state
law.
   (c) Allows for greater theft of alcoholic beverages, thereby
depriving the state of tax revenues.
  SEC. 2.  Section 23394.7 is added to the Business and Professions
Code, to read:
   23394.7.  No privileges under an off-sale license shall be
exercised by the licensee at any customer-operated checkout stand
located on the licensee's physical premises.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.