Bill Text: CA AB929 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 929

Introduced

Bill Title: Alcoholic beverage licenses: off-sale privileges: airports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB929 Detail]

Download: California-2023-AB929-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 929

Introduced by Assembly Member McKinnor

February 14, 2023

An act to add Section 23401.7 to the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 929, as introduced, McKinnor. Alcoholic beverage licenses: off-sale privileges: airports.

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 specified licensees to sell alcoholic beverage for off-sale consumption for which their license permits on-sale consumption, subject to specified requirements, including that the beverages are packaged in specified containers.

This bill would authorize an airport operator, as defined, to permit or prohibit the sale of alcoholic beverages for off-sale consumption by the holder of an on-sale license located in an airport terminal. If so permitted, the bill would authorize the on-sale licensee to sell alcoholic beverages for off-sale consumption in the airport terminal subject to specified requirements, including that the license permits on-sale consumption of the type of alcohol being sold for off-sale consumption. The bill would require the licensee to notify the department before selling any alcoholic beverages for off-sale consumption in the airport terminal. The bill would authorize the department to impose conditions on a licensee selling alcoholic beverages under these provisions and would permit a licensee to petition the department to modify or remove a condition within 10 days following imposition of the condition, as provided.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 23401.7 is added to the Business and Professions Code, to read:

23401.7.

(a) (1) An airport operator may permit or prohibit the sale of alcoholic beverages for off-sale consumption by the holder of an on-sale license located in an airport terminal.

(2) Except as otherwise provided in a local ordinance regarding the possession of open containers in public places or the consumption of alcoholic beverages in public places, an airport operator may place health and safety restrictions on the off-sale consumption of alcoholic beverages within the airport terminal, including, but not limited to, defining the areas of the terminal within which off-sale consumption is permitted and requiring alcoholic beverages sold for off-sale consumption to be in closed or open containers.

(b) If permitted by the airport operator pursuant to subdivision (a), the holder of an on-sale license located in an airport terminal may sell alcoholic beverages for off-sale consumption in the airport terminal subject to all of the following requirements:

(1) The license permits on-sale consumption of the type of alcohol being sold for off-sale consumption.

(2) The licensee sells no more than two containers of alcoholic beverages to each consumer, and each container has no more than (A) six ounces of wine, (B) 12 ounces of beer, or (C) four and one-half ounces of distilled spirits.

(3) The container is clearly and conspicuously labeled or otherwise identified as containing an alcoholic beverage.

(4) 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 outside of the airport terminal building, including onto an aircraft.”

(c) Before selling any alcoholic beverages for off-sale consumption in accordance with this section, the holder of an on-sale license located in an airport terminal shall notify the department in writing of its intent to do so.

(d) (1) Notwithstanding any law to the contrary, the department may at any time impose conditions on a license restricting or prohibiting the licensee from selling or furnishing any alcoholic beverage pursuant to this section.

(2) Any conditions imposed pursuant to this subdivision shall be based upon a showing of good cause. Good cause includes, but is not limited to, a written request, including the reason for the restriction or prohibition, from a local law enforcement agency or local governing body, or its designated subordinate officer or agency.

(3) A licensee may petition the department to modify or remove a condition within 10 days following imposition of the condition.

(4) A petition under this subdivision shall be subject to the same fee as provided in Section 23803.

(5) If the department denies the licensee’s petition, the licensee may request a hearing, which shall be conducted in the same manner as provided in Section 23805.

(6) In any hearing pursuant to this subdivision, the licensee shall have the burden to establish that the condition is unreasonable or that no good cause exists for its imposition. The condition shall remain in effect during any appeal of its imposition.

(e) For purposes of this section, the following definitions apply:

(1) “Airport operator” means a local agency operating an airport open to the general public pursuant to a valid permit issued by the Department of Transportation in accordance with the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code) and does not include any military base or federally operated facility.

(2) “Post” means to prominently display on the premises or present in whatever manner is necessary to ensure that the consumer purchasing the alcoholic beverages to which this section applies is given notice of this warning.