CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2469Introduced by Assembly Member BermanFebruary 14, 2018 An act to amend Section 25605 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 2469, as introduced, Berman. Alcoholic beverages: off-site licensees.Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prevent unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without proof of age and identity, as specified, when the beverages are delivered. Under existing law, any violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.This bill would additionally prohibit an off-sale licensee from delivering alcoholic beverages from an order received by digital means without proof of age and identity. By expanding existing crimes by imposing additional duties on a licensee under the Alcoholic Beverage Control Act, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25605 of the Business and Professions Code is amended to read:25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2469Introduced by Assembly Member BermanFebruary 14, 2018 An act to amend Section 25605 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 2469, as introduced, Berman. Alcoholic beverages: off-site licensees.Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prevent unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without proof of age and identity, as specified, when the beverages are delivered. Under existing law, any violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.This bill would additionally prohibit an off-sale licensee from delivering alcoholic beverages from an order received by digital means without proof of age and identity. By expanding existing crimes by imposing additional duties on a licensee under the Alcoholic Beverage Control Act, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2469
Introduced by Assembly Member BermanFebruary 14, 2018
Introduced by Assembly Member Berman
February 14, 2018
An act to amend Section 25605 of the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2469, as introduced, Berman. Alcoholic beverages: off-site licensees.
Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prevent unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without proof of age and identity, as specified, when the beverages are delivered. Under existing law, any violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.This bill would additionally prohibit an off-sale licensee from delivering alcoholic beverages from an order received by digital means without proof of age and identity. By expanding existing crimes by imposing additional duties on a licensee under the Alcoholic Beverage Control Act, the 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.
Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prevent unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without proof of age and identity, as specified, when the beverages are delivered. Under existing law, any violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.
This bill would additionally prohibit an off-sale licensee from delivering alcoholic beverages from an order received by digital means without proof of age and identity. By expanding existing crimes by imposing additional duties on a licensee under the Alcoholic Beverage Control Act, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25605 of the Business and Professions Code is amended to read:25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25605 of the Business and Professions Code is amended to read:25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.
SECTION 1. Section 25605 of the Business and Professions Code is amended to read:
### SECTION 1.
25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.
25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.
25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.
25605. No off-sale licensee shall deliver any alcoholic beverages pursuant to orders received for alcoholic beverages by telephone or other electronic or digital means unless upon delivery the recipient shall be able to furnish proof of age and identity to indicate that he or she is 21 years of age or over.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.