Bills of Interest
Proposed Alcohol Related Legislation Descriptions California Legislature
AB 127, as introduced, Lackey. Driving under the influence: research.
This bill would exempt from that prohibition a person who is under the influence of a drug or the combined influence of an alcoholic beverage and drug for purposes of conducting research on impaired driving while driving a vehicle under the supervision of, and on the property of, the Department of the California Highway Patrol.
Background
Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. A violation of this prohibition is a crime.
AB 1713, as introduced, Burke & Flora (principal coauthor: Senator Hill). Vehicles: driving under the influence.
This bill would prohibit a person from driving a motor vehicle when the person has 0.05 percent or more, by weight, of alcohol in their blood.
Background
Existing law prohibits a person from driving a motor vehicle when the person has 0.08 percent or more, by weight, of alcohol in their blood.
SB 58, as introduced, Wiener. Alcoholic beverages: hours of sale. (aka 4:00 a.m. Bar Bill)
This bill, beginning January 1, 2022, and before January 2, 2027, would require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the qualified city in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses, as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to Cathedral City, Coachella, Long Beach, Los Angeles, Oakland, Palm Springs, Sacramento, San Francisco, and West Hollywood.
This bill would impose a state-mandated local program by creating new crimes.
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.
This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified cities.
Background
The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
SB 352, as introduced, Dodd. Alcoholic beverage licensees: on-sale general licenses for bona fide eating-places.
This bill would authorize the department to issue up to 10 additional new original on-sale general licenses for bona fide public eating places in the first calendar year following the year in which the county reaches the limit on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions.
Background
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. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided.
AB 205, as introduced, Daly. Alcoholic beverages: beer.
This bill would revise the definition of “beer” for purposes of the Alcoholic Beverage Control Act to include any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, fruit, honey, natural sugars, hops, or any other similar product, or any combination thereof in water.
Background
Existing law defines “beer” for purposes of the Alcoholic Beverage Control Act as any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water.
AB 546, as introduced, Bigelow. Alcoholic beverage control: licenses.
This bill would require a licensee transferring a license, as described above, to follow specified notification requirements.
Because a violation of this provision would be punishable as a misdemeanor, the bill would impose a state-mandated local program.
Background
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. A violation of the Alcoholic Beverage Control Act is a misdemeanor, unless another penalty or punishment is specified. Existing law allows licenses for the retail sale of alcoholic beverages to be issued for, or transferred to, premises that are to be constructed or are in the process of construction.
AB 551, as introduced, Brough. Fatal vehicular accidents: chemical test results.
The bill would require the coroner or medical examiner to perform screening and confirmatory tests of specified drugs, and to include blood alcohol content and blood drug concentrations in the detailed medical findings, when available. The bill would require a coroner or medical examiner to use antemortem samples, if available, if the decedent was hospitalized prior to death. The bill would revise the provisions applicable to a decedent under 15 years of age, including prohibiting application of the provisions if the period between the accident and death is more than 48 hours, rather than 24 hours.
AB 609, as introduced, Levine. Beer manufacturers: sale of draught beer.
This bill would exempt from these requirements licensed premises operated by licensed beer manufacturers.
Background
Existing law requires any on-sale retail licensee that gives, sells, or otherwise dispenses draught beer to include specified information regarding the beer upon the faucet, spigot, or outlet from which the beer is drawn or in the place of service or consumption, as provided.
AB 860, as introduced, Berman. Alcoholic beverages: tied-house restrictions.
This bill would additionally include a distilled spirits wholesaler in the provision prohibiting a licensed retailer from being obligated to purchase or sell the alcoholic beverages of the licensee conducting the market research.
Because the violation of this provision would be punishable as a misdemeanor, the bill would impose a state-mandated local program.
Background
Existing law, the Alcoholic Beverage Control Act, prohibits specified holders of alcoholic beverage licenses from having specified relationships with an on-sale alcoholic beverage licensee, with limited exceptions. Existing law permits a manufacturer, winegrower, rectifier, distiller, distilled spirits wholesaler, or any agent of those licensees, to conduct market research and, in connection with that research, to purchase from licensed off-sale retailers data, regarding purchases and sales of alcoholic beverage products, at the customary rates that those retailers sell similar data for nonalcoholic beverage products, provided that no licensed retailer shall be obligated to purchase or sell the alcoholic beverages of the manufacturer, winegrower, rectifier, or distiller. A violation of the Alcoholic Beverage Control Act is a misdemeanor, unless another penalty or punishment is specified.
SB 264, as introduced, Glazer. Wine growers: tasting rooms.
This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program.
Background
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 defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor.
SB 283, as introduced, Bates. Fatal vehicular accidents: chemical test results.
This bill would additionally apply these provisions to a county medical examiner. The bill would require the coroner or medical examiner to perform screening and confirmatory tests of specified drugs, and to include blood alcohol content and blood drug concentrations in the detailed medical findings, when available. The bill would require a coroner or medical examiner to use ante mortem samples, if available, if the decedent was hospitalized prior to death. The bill would revise the provisions applicable to a decedent under 15 years of age, including prohibiting application of the provisions if the period between the accident and death is more than 48 hours, rather than 24 hours.
The bill would require a coroner or medical examiner under the above circumstances to report in writing chemical test results including blood alcohol content and blood drug concentrations, when available.
By imposing new requirements on county coroners and medical examiners, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Background
Existing law sets forth the duties and authority of a county coroner. Existing law authorizes a county board of supervisors, by ordinance, to abolish the office of coroner and provide instead for the office of medical examiner, to be appointed by the board and to exercise the powers and perform the duties of the coroner.
Existing law requires a county coroner, or the coroner’s appointed deputy, upon notification of a death involving a motor vehicle, as specified, to take blood and urine samples from the body of the deceased and make related chemical tests to determine the alcoholic contents, if any, of the body. Existing law authorizes the coroner to perform other chemical tests, as deemed appropriate. Existing law requires the detailed medical findings resulting from these examinations to be reduced to writing or otherwise permanently preserved, as specified. These requirements do not apply to testing of deceased persons under 15 years of age unless circumstances indicate the possibility of alcohol or specified drug consumption, and do not apply when the death has occurred more than 24 hours after the accident.
Existing law requires a county coroner, on or before the 10th day of each month, to report in writing to the Department of the California Highway Patrol the death of any person during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of the accident.
SB 625, as introduced, Hill. Party buses: cannabis.
This bill would exempt the ingestion of cannabis products by a passenger in bus, taxicab, or limousine only if there are no passengers under 21 years of age present and the driver is sealed off from the passenger compartment, as specified.
Background
Existing law prohibits a passenger in a motor vehicle being driven upon a highway from drinking any alcoholic beverage or smoking or ingesting any cannabis product. Existing law exempts passengers in any bus, taxicab, or limousine, as specified, from this prohibition.
AB 397, as introduced, Chau. Vehicles: driving under the influence: cannabis.
This bill would recast these provisions to make driving under the influence of cannabis, or driving under the combined influence of cannabis and another drug, each a separate offense, but with no changes to the penalty.
This bill would make these new provisions operative on July 1, 2021.
Background
Existing law prohibits a person who is under the influence of alcohol, drugs, or the combined influence of alcohol or drugs from driving a vehicle. Existing law also prohibits a person from driving under the influence and proximately causing bodily harm to another person, as specified. Existing law defines a drug, for purposes of these provisions, as any substance or combination of substances other than alcohol that can affect the nervous system, brain, or muscles of a person in a manner that impairs the ability to safely drive a vehicle.
AB 436, as introduced, Aguiar-Curry. Alcoholic beverages: tied-house restrictions: advertising: City of Napa.
This bill would expand the exceptions described above to allow beer manufacturers, winegrowers, distilled spirits rectifiers, distilled spirits manufacturers, or distilled spirits manufacturer’s agents to purchase advertising space and time, in connection with described events, from, or on behalf of, on-sale retail licensees, as described above, at a specified performing arts venue and adjacent performance area located in the City of Napa. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Napa.
Background
The Alcoholic Beverage Control Act generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, or major tenant of certain stadiums, parks, entertainment complexes, and arenas, subject to specified conditions. Existing law requires the purchase of advertising space or time in this context to be conducted pursuant to a written contract with the on-sale licensee, with a specified exception. Existing law makes it a crime for an on-sale licensee to coerce certain licensees to purchase advertising space or time, as specified.
AB 475, as introduced, Kiley. Alcoholic beverage licenses: on-sale beer and wine paint and sip license.
This bill would authorize the department to issue an on-sale beer and wine paint and sip license to a person that has premises for the primary purpose of art events or art classes that are scheduled in a bona fide manner for a fee, subject to specified conditions. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. Because the violation of a provision of a license is punishable as a misdemeanor and the bill would create a new category of license, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.
Background
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued.
AB 974, as introduced, Cooley. Vehicles: driving under the influence.
This bill would authorize a court to order participation in an enforced sobriety program as a condition of pretrial release for a person who has been charged with a driving under the influence offense within 10 years after a previous driving under the influence conviction. The bill would define an enforced sobriety program, in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified.
Background
Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in their blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in their blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime.
Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle.
Existing law authorizes a person arrested and charged with an offense to be released from custody, as specified, under reasonable conditions imposed by the court.
AB 1133, as introduced, Low. Beer: premiums, gifts, and free goods.
This bill would authorize a beer manufacturer, without direct or indirect charge, to give up to five cases of retail advertising glassware to an on-sale retail licensee, per licensed location, each calendar year for use at the licensed location. The bill would permit an on-sale retail licensee to accept, without direct or indirect charge, up to 10 cases of retail advertising glassware, per licensed location, from licensed beer manufacturers each calendar year for use at the licensed location.
The bill would prohibit the on-sale retail licensee from selling the glassware, giving it away, or returning it to a manufacturer for cash, credit, or replacement, would prohibit the on-sale retail licensee from conditioning the purchase of a beer manufacturer’s product or products on the giving of retail advertising glassware by that beer manufacturer, and would prohibit a beer wholesaler from contributing to specified costs associated with the glassware or serving as the agent of the beer manufacturer to deliver, stock, or store glassware for an on-sale retailer. The bill would prescribe definitions in this regard.
Background
The Alcoholic Beverage Control Act generally prohibits any licensee from giving any premiums, gift, or free goods in connection with the sale or distribution of any alcoholic beverage, except as permitted by rules adopted by the Department of Alcoholic Beverage Control. The act prohibits the department from adopting a rule that permits a licensee to give any premium, gift, or free good of greater than inconsequential value, in connection with the sale or distribution of beer, except as specified. The act provides, with respect to beer, that premiums, gifts, or free goods, including specified advertising specialties, are deemed to have greater than inconsequential value if they cost more than $0.25 per unit, or cost more than $15 in the aggregate for all those items given by a single supplier to a single retail premises per calendar year.
AB 1265, as introduced, Robert Rivas. Alcoholic beverage licensees: donations.
This bill would expand the prohibition exemption to allow specified distilled spirits wholesalers to give or sell beer, wine, or distilled spirits to certain nonprofit organizations and would revise the prohibition exemption for a beer and wine wholesaler that also holds an importer’s license to allow that licensee to give or sell beer or wine to specified nonprofits.
Background
The Alcoholic Beverage Control Act provides that nothing in that law prohibits specified licensees from giving or selling beer, wine, or distilled spirits, as applicable, to certain nonprofit organizations, as specified, at prices other than those contained in schedules filed with the Department of Alcoholic Beverage Control. Existing law, pursuant to this prohibition exemption, allows a beer and wine wholesaler that also holds an importer’s license to give or sell beer, wine, or distilled spirits to specified nonprofits.
SB 21, as introduced, Dodd. Alcoholic beverages: brewpub-restaurant licenses.
This bill would lower the required minimum brewing production of a brewpub-restaurant licensee to not less than 100 barrels of beer annually on the premises.
Background
Current 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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the issuance of a brewpub-restaurant license to a person that manufactures not less than 200 barrels and not more than 5,000 barrels of beer annually on the licensed premises, subject to specified conditions.
SB 55, as amended, Jackson. Firearms: prohibited persons.
This bill would add to the list of misdemeanors, the conviction for which is subject to those prohibitions, misdemeanor offenses of violating the 10-year prohibition on possessing a firearm specified above.
Background
Existing law, subject to exceptions, provides that any person who has been convicted of certain misdemeanors may not, within 10 years of the conviction, own, purchase, receive, possess, or have under their custody or control, any firearm. Under existing law, a violation of this prohibition is punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding $1,000, or by both that imprisonment and fine. Existing law makes it a misdemeanor or a felony for a person who is prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition.
Proposed changes would change the text in the law as follows:
The bill would also apply the above that 10-year prohibition on possessing a firearm to a person who has been convicted of 2 or more specified misdemeanors, or 2 or more convictions of a single specified misdemeanor, in a 3-year period involving alcohol intoxication or possession of certain controlled substances for sale and would make a violation of the prohibition punishable as an infraction. a misdemeanor. The bill would impose a new 10-year prohibition to a person who commits another of those misdemeanors during the initial 10-year prohibition period, and would make a violation also punishable as an infraction. a misdemeanor. The bill would also make it an infraction a misdemeanor for a person prohibited from owning or possessing a firearm pursuant to these provisions to own, possess, or have under their custody or control, any ammunition or reloaded ammunition. By changing the definition of a crime, and by creating new crimes, this bill would impose a state-mandated local program.
SB 420, as introduced, Archuleta. Alcoholic beverage control: definitions: person.
This bill would specify the definition of “person” includes limited liability companies and limited liability partnerships.
Background
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control, and defines various terms for specified purposes. The act includes a definition of “person” and defines that term as any individual, firm, copartner ship, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
SB 545, as introduced, Hill. Driving under the influence: ignition interlock devices.
This bill would require the court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an ignition interlock device for a specified period of time.
Background
Existing law requires the Department of Motor Vehicles to, as specified, immediately suspend a person’s driver’s license if the person is administratively found to have been operating a motor vehicle with a specified quantity of alcohol in their blood.
Existing law authorizes a person who has had their driver’s license suspended by the department to be issued a restricted driver’s license if they meet specified criteria, including the installation and maintenance of an ignition interlock device (IID).
Existing law, until January 1, 2026, requires a person, upon a criminal conviction for driving under the influence of alcohol with a prior conviction for driving under the influence or for driving under the influence and causing injury, to install and maintain an IID for a specified period of time. Existing law also authorizes a court, upon the first criminal conviction of a person for driving under the influence, to order the person to install and maintain an IID for a specified period of time, or, if the court does not order the installation of such a device, authorizes the person to apply for a restricted license.
Existing law requires the department to credit any time that a person maintained a functioning IID during the period of that person’s restricted licensure, but prior to the criminal conviction, toward any mandatory term of maintaining such a device, required upon conviction.
