Bills of Interest | San Diego Alcohol Policy Panel

Bills of Interest (Legislative Session 2022)

2022 bills are currently under review

Proposed alcohol-related legislation descriptions from California legislature

SB 2896

This bill will create higher standards of practice and implement more requirements for the delivery of alcohol to a consumer. The provisions in this bill would require more extensive training for those delivering alcoholic beverages, and also outlines the penalties for delivery drivers and employers of delivery drivers.

APP cares about this legislation because it begins to implement stricter guidelines for those delivering alcohol which should reduce alcohol related harms in various communities.

The purpose of this legislation is to amend Section 25605 of the Business and Professions Code. In order to create stronger requirements for the delivery of alcoholic beverages to consumers who placed orders by telephone or electronically.
The bill prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or electronically without obtaining proof of age and identity at the time the beverages are delivered.
The bill would impose additional conditions such as requiring deliverers take part in additional training. Because this bill “expands the scope of existing crime”, the state will create a mandated local program for training deliverers.
Certain conditions imposed by the bill include:
- The delivery must be made by someone at least 21 years of age.
- A signature from a person 21 years of age or older who is the consumer must be obtained before the delivery is completed.
- The delivery is not cannot be made to an obviously intoxicated person.
- The receipt / record of the purchase identifies the licensee as the merchant.
- The delivery is a person-to-person transfer and the recipient takes physical possession of the alcoholic beverage.
- Payment is completed before the delivery of the beverage and no money is exchanged between the deliverer and the deliveree.
- The delivery is not completed with an unmanned vehicle.
Link to bill: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2896

SB 1315

This bill would authorize the issuance of a consumption area permit that would give people the ability to consume alcoholic beverages off the premises of the on sale licensee they purchase the beverage from. The bill would only be applicable to the City of San Jose, and would require certain security measures that prevent underage drinking or out of control gatherings.

APP wants to monitor this legislation to ensure it does not set a dangerous precedent for unregulated open container sites that will cause immense harm to community members.

This bill would authorize consumption area permits to people who own, operate or manage a privately owned commercial area that does not sell alcohol in the city of San Jose.
This permit allows for the consumption of alcohol that has been sold by an on-sale licensee that does not also have off-sale privileges in a privately owned commercial area.
This permit cannot be issued to a person licensed to sell alcoholic beverages. The beverages consumed in the permitted area must be sold by a licensed facility located adjacently.
These facilities must enter into a joint agreement of responsibility for compliance of all laws and penalties that could result in a violation of the permitted area.
This bill requires permit holders to implement the necessary security measures to ensure that people under the age of 21 do not possess or consume alcohol in the permitted area. It also requires that temporary or permanent physical barriers (or other specified security measures) around the permitted area.
There are fees and disciplinary provisions if a permitted area violates the conditions of this bill.
Link to bill: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1315

SB 1370

This bill would permit the issuance of a special on sale license to nonprofit radio broadcasting companies which would allow the company to sell alcoholic beverages at events for on-site consumption. The law will also make an exception to tied house restrictions that would permit those who have certain alcohol licenses to serve in a leadership role, or be employed by, nonprofit radio broadcasting companies.

APP is interested in monitoring this bill to ensure it doesn’t morph into a piece of legislation that permits the sale of alcohol after 2am, or increases access to minors.

This bill would allow the ABC to issue a special on-sale license to a nonprofit radio broadcasting company.
Existing law allows for theater companies to sell and serve alcoholic beverages to ticket holders during, and only two hours before and after a performance–so long as alcoholic beverages are sold within the legal time frame for the sale of alcohol outlined in Section 25631 of the Business and Professions Code.
Existing law known as tied-house restrictions prohibits manufacturers and other types of alcoholic beverage licensees from having any ownership interest in an on-sale license (with exceptions).
Existing law creates an exception to tied-house restrictions for non-profit theater companies holding on-sale general licenses by allowing specified licensees, including licensed manufacturers, to serve on a board of trustees for nonprofit theater companies in the County of Napa, City of Livermore, and the City of Modesto.
This bill would expand the exception to tied house restrictions for the trustees, officers, directors, and employees of a nonprofit radio broadcasting company operating in these above specified cities/counties.
This bill would expand the list of areas included in the existing law to include the city of Sacramento.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1370

SB 980

This bill would reduce regulations on the alcohol license application and approval process, and make it more difficult for community members to protest the issuance of an alcohol license in their neighborhoods.

APP is interested in any bill that limits the ability for community members to express their concerns over alcohol outlets in their communities.

This bill adjusts some of the restrictions and requirements surrounding the alcohol license application and approval process.
The first thing this bill does is prohibit the Department of ABC from denying a retail license solely because it’s within 100 ft of a residence.
Secondly, the mail notice to residents/property owners within a 500 ft radius applicants usually have to send is no longer required depending on the local government.
The next points have to do with procedures around protests against an alcohol license applicant.
Existing law states that if there are verified protests against a licensee applicant that make that applicant voluntarily withdraw, the applicant would be unable to reapply for an alcohol license at the same location for a year. Additionally any protests filed would be applicable to any subsequent license applications filed at that same location for up to a year.
- The bill repeals these rules, meaning the application can be resubmitted within a one year period.
- Additionally, any protests filed of that location would be applicable only to license applications that are the same license type as the one that voluntarily withdrew from the premise.
If 120 days (about 4 months) have passed since the verification of a protest and no hearing has been held, the department has to ask the protester if they want to continue with a hearing.
If the protester does not respond within 30 days, the protest is automatically withdrawn.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB980

AB 2210

This bill would make it easier for cannabis businesses to acquire a temporary event license that would allow them to host events at locations that are licensed alcohol outlets. The bill had been amended to prohibit the sale/consumption of alcohol during, and until the day after, any cannabis events being held.

APP will monitor this legislation in case it is amended once again to permit the sale/consumption of both cannabis and alcohol during an event, as this could cause serious harm to both event goers and community residents.

This bill would prohibit the Department of Cannabis Control (DCC) from denying an application for a temporary event license solely on the basis that there is a license issued pursuant to the Alcohol Beverage Control Act for the proposed premise of the event.
The bill would prohibit the Department of ABC from taking disciplinary action on an alcohol license holder who obtains a state temporary event license issued by the DCC. This temporary event license would permit the purchase of cannabis and consumption of cannabis on site at an alcohol retail licensee under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). This license means people 21 years old and up can purchase and consume cannabis onsite in public at the event.
The bill would require all on and off sale privileges of alcoholic beverages at the venue be suspended for the duration of the event, and prohibit them from resuming until 6am the day after the event.
The DCC and local law enforcement would have authority to stop the event if that action is deemed necessary to protect the immediate health and safety of the public.
The DCC can impose penalties for violations up to 3 times the license fee for each violation.
All unsold cannabis inventory must be returned to the cannabis licensee’s retail premise after the event.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2210

AB 2307

This bill would expand the number of beer manufacturer branch locations that can sell and serve alcohol. The bill also permits the manufacturer to make some or all of their branch locations bona fide eating establishments, and allows the manufacturer to purchase beer/wine, to sell in the eating establishment, from a wholesaler they own.

APP cares about this bill because it would significantly increase access to alcohol and the overconcentration of alcohol outlets, as well as threaten the three-tier system that prevents the monopolization of the alcohol industry.

National Alcohol Beverage Control Association Three-Tier System
This bill increases the amount of branch offices that can be owned and operated by beer manufacturers.
Existing law states the Department of ABC can issue a licensee a duplicate license for locations other than its primary place of production or manufacturing.
- Currently a beer manufacturer can not have more than 6 of these branch office locations that sell alcoholic beverages for on or off sale consumption to consumers.
- Also, current law states that 2/6 of the offices can be bona fide public eating places operated by the manufacturer.
This bill would double the amount of permitted branch office locations from 6 to 12, and make it possible for all of them to be bona fide eating establishments.
In regards to current law the beer and wine served at the eating establishments must be purchased by the beer manufacturer from a wholesaler not owned completely or partly by the beer manufacturer.
This bill would allow the beer manufacturer to purchase beer/wine and sell it at the bona fide eating establishment from a wholesaler owned by the manufacturer.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2307

SB 846

This bill would give off-sale license holders the ability to deliver, or use a third party platform to deliver, alcoholic beverages to customers.

The Alcohol Policy Panel is concerned about this bill because it increases reach of licensees which increases alcohol overconcentration and alcohol access for minors. It also encourages risky drinking behavior by delivering alcohol to those who may already be inebriated.

This bill would give off-sale alcohol license holders, or a third party delivery service delivering orders on their behalf, the ability to deliver alcoholic beverages to consumers off the licensed premises.
The bill would establish a new license type for a consumer delivery permit (Type 95), and the application fee for this permit would be $10,000 and an annual renewal fee of $1,000.
The bill would give exclusive authority to the license holder to determine what alcoholic beverages they will deliver, as well as the cost of those beverages.
The license holder would assume a number of responsibilities; such as deciding what delivery orders to accept, and ensuring that the purchaser as well as the recipient of the delivery are above the age of 21.
If certain requirements are met, this bill would protect the licensee from disciplinary action if they deliver alcohol to someone who is under the age of 21, or someone who is obviously intoxicated.
The bill would not require that a meal be purchased along with an alcohol delivery order.
The provisions of this bill will be applicable starting on July 1, 2023.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB846

SB 793

This bill would create a music venue license that would permit music venues to sell alcohol for on-site consumption. This bill would give California cities and counties the ability to establish “entertainment zones.” Certain license types would be able to sell alcoholic beverages for consumption on public grounds within these zones.

The Alcohol Policy Panel is concerned because of the increased access of alcohol to minors this bill would create, as well as the public safety risks associated with public intoxication.

This bill would create a music venue license that would allow music venues to sell beer, wine, and distilled spirits at retail for consumption on the premises.
Music venue license holders would be allowed to sell or serve alcohol within two hours before a performance, and up to one hour after a performance.
Additionally, this bill would authorize a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee, to sell customers alcoholic beverages that they can then consume off the premises in an open container and within an “entertainment zone”.
- An entertainment zone for the purpose of this bill, is defined as a zone created by a city, county, or city and county ordinance on or after January 1, 2023 that authorizes the consumption of alcoholic beverages on public streets, sidewalks, or public rights of way located within the zone.
Those with an on-sale general bona fide public eating place license or an on-sale general public premises license will be able to exchange their license for a music venue license.
The bill would authorize an on-sale licensee to permit a person under 21 years of age into the music entertainment facility.

SB 620

This bill would give licensed craft distillers located in California or other states, the ability to ship distilled spirits directly to California residents.

The Alcohol Policy panel is concerned about this bill because of the potential for alcohol access to minors and those who are already inebriated.

This bill would grant a licensed craft distiller in California, or in any other state that meets the necessary conditions, to sell and ship distilled spirits directly to a resident of California who is over the age of 21.
- The purchased spirits must be for consumption, and not to be resold by the purchaser.
- The craft distiller is required to obtain a distilled spirits direct shipper permit.
The bill would prohibit craft distilleries who do not possess a distilled spirits direct shipper permit from shipping distilled spirits to California residents.
Any person who knowingly makes, participates in, transports, imports, or receives such a shipment would be charged with a misdemeanor.
Link to bill:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB620