SB 495

Bill Subjects

Abstract

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered. This bill would establish a new license type for a consumer delivery service permit (Type 95) and would set an application fee of $20,000 and an annual renewal fee of $1,500. The bill would authorize a licensee with off-sale retail privileges, or a consumer delivery service permitholder delivering orders on their behalf, to deliver alcoholic beverages to consumers away from the licensed premises if specified requirements are met. The bill would not apply these requirements to delivery by common carrier or pursuant to specified provisions of law. This bill would require, among other things, that the licensee be authorized to sell alcoholic beverages for off-sale consumption and have the exclusive authority to determine which alcoholic beverages are available for delivery and set the prices for these beverages. The bill would require a licensee to be responsible for accepting or rejecting the sale and delivery order and would prohibit a licensee from accepting a delivery order unless, before the sale, the purchaser affirms that both the purchaser and the recipient are not under 21 years of age. The bill would prohibit a consumer delivery service, as defined, from delivering any alcoholic beverages on behalf of a licensee with off-sale retail privilege without holding a consumer delivery service permit and would declare violation of that prohibition a misdemeanor. Commencing July 1, 2024, the bill would authorize the Department of Alcoholic Beverage Control to issue a consumer delivery service permit to a service that satisfies specified requirements, including, among other things, that the service certifies under penalty of perjury that its delivery drivers will receive specified training prior to delivering any alcoholic beverage. Because a violation of the prohibition on delivery without a permit would be a crime under the Alcohol Beverage Control Act and because the bill would expand the scope of the existing crime of perjury, this bill would impose a state-mandated local program. This bill, in context of the authorization described above, would exempt a licensee from discipline for the delivery or furnishing of an alcoholic beverage to an obviously intoxicated person, or to a person under 21 years of age, if certain requirements are met. The bill would authorize the Department of Alcoholic Beverage Control to impose administrative penalties, as specified, against the holder of a consumer delivery service permit that violates its provisions. Existing law, until December 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to exercise additional off-sale rights and privileges, subject to specified requirements such as a requirement that the sale also include a meal. In this regard, existing law requires that the consumer that places an order from the licensee pick up the order in person. This bill would provide that a consumer may pick up an order directly from the above licensees or the beverages may be delivered to the consumer as described in paragraph (1) . The bill would eliminate the requirement that the sale include a meal. The bill would also extend these additional off-sale privileges to holders of an on-sale general license. 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.