California 2023-2024 Regular Session

California Assembly Bill AB2991

Introduced
2/16/24  
Introduced
2/16/24  
Refer
3/11/24  
Refer
3/11/24  
Report Pass
4/4/24  
Report Pass
4/4/24  
Refer
4/4/24  
Refer
4/4/24  
Report Pass
4/17/24  
Report Pass
4/17/24  
Engrossed
5/21/24  
Engrossed
5/21/24  
Refer
5/22/24  
Refer
5/22/24  
Refer
5/29/24  
Refer
5/29/24  
Report Pass
6/19/24  
Report Pass
6/19/24  
Refer
6/19/24  
Refer
6/19/24  
Report Pass
6/25/24  
Report Pass
6/25/24  
Refer
6/25/24  
Refer
6/25/24  
Enrolled
8/28/24  
Enrolled
8/28/24  
Chaptered
9/22/24  
Chaptered
9/22/24  
Passed
9/22/24  

Caption

Alcoholic beverage control: retailer payments: electronic funds transfers.

Impact

The bill imposes a series of requirements on payment processes that could impact both wholesalers and retailers significantly. Wholesalers will now be responsible for selecting third-party payment processors, emphasizing their control over transaction processes. This change could streamline operations and reduce financial outages from mismanaged payments or credits. However, the legal framework establishes consequences for late payments, which includes penalties that accrue over time, signaling a shift towards a more structured enforcement of payments within the alcoholic beverage industry. Additionally, the bill notes that the state will not provide reimbursement for costs incurred by local agencies related to this new payment structure, indicating a financial responsibility placed on licensees.

Summary

Assembly Bill No. 2991 introduces a significant amendment to the Alcoholic Beverage Control Act, focusing on the payment processes for alcoholic beverages delivered from wholesalers to retailers. The bill mandates that starting January 1, 2026, all payments from retailer licensees to wholesaler licensees for the delivery of beer, wine, or distilled spirits must be made via electronic funds transfer (EFT). This legislative change aims to modernize payment protocols within the alcoholic beverage sector, ensuring more efficient and traceable transactions, which is especially pertinent given the complexities of current cash and check systems that are used in the industry.

Sentiment

The sentiment around AB 2991 appears largely supportive among those advocating for modernization in payment systems within the alcoholic beverage industry. Proponents assert that mandating electronic transactions enhances accountability and reduces the likelihood of fraud or mismanagement. Conversely, potential detractors or those less enthusiastic might express concerns about the burden of compliance, particularly for smaller retailers who may lack the resources to quickly adapt to new technological demands. Overall, the sentiment reflects an evolving industry landscape towards more digital transactions.

Contention

Notable points of contention surround the provisions that require electronic transactions exclusively for payments, which could disproportionately affect smaller retailers. The imposition of fees associated with EFTs and penalties for late payments may also raise concern about the financial pressures placed on some retailers who rely on flexible payments due to cash flow issues. As discussions progress, the balancing act between encouraging compliance and ensuring that smaller entities do not suffer undue hardship becomes critical.

Companion Bills

No companion bills found.

Previously Filed As

CA AB3264

Alcoholic beverages: licensees.

CA AB3285

Alcoholic beverage control.

CA SB314

Alcoholic beverages.

CA SB1044

Alcoholic beverages; allowing certain payment methods; establishing certain EFT payments. Effective date.

CA A3710

Makes permanent temporary enactment allowing certain alcoholic beverage retailers to sell and deliver alcoholic beverages and mixed drinks; establishes certain sale and delivery privileges for alcoholic beverage manufacturers.

CA SB2405

Alcoholic beverages; increase number of package retailer's permits under certain conditions.

CA HB2376

Transferring the licensure of on-premise cereal malt beverage retailers and off-premise cereal malt beverage retailers from cities and counties to the alcoholic beverage control division of the department of revenue; allowing continued local licensure by cities or counties.

CA S355

Makes permanent temporary enactment allowing certain alcoholic beverage retailers to sell and deliver alcoholic beverages and mixed drinks; establishes certain sale and delivery privileges for alcoholic beverage manufacturers.

CA SB202

Spirit infused beverages; permit sale by retailers

CA SB56

Alcoholic beverages: retail licensees: beer returns.

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