SB 271

Bill Subjects

Abstract

The Alcoholic Beverage Control Act prohibits the sale, furnishing, giving, or giving away of alcoholic beverages to, or the purchase of alcoholic beverages by, persons under the age of 21 years, and imposes penalties in that regard. Under the act, a licensee may petition the Department of Alcoholic Beverage Control for an offer in compromise when a decision by the department to suspend a license becomes final, but not for a 3rd or subsequent violation of the provisions referenced above that occurs within 36 months of the initial violation. The act authorizes the department to revoke a license for a 3rd violation of those provisions within a 36-month period, as specified. This bill would authorize the department to not aggregate a first violation of those provisions pertaining to minors as the first violation for the purposes of determining penalties, suspension, or an offer in compromise if the licensee or designee has completed or agrees to complete a Responsible Retailer Course within 6 months of the date of settlement or final decision. The bill would prescribe the requirements of the course and would require the licensee to submit to the department a certificate of completion of the course. The bill would authorize the department to accept a certificate of completion only if the department previously had received from the training provider an attestation under penalty of perjury that the course meets the prescribed requirements. By expanding the scope of the existing crime of perjury, 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 no reimbursement is required by this act for a specified reason.