California 2023-2024 Regular Session

California Senate Bill SB247 Latest Draft

Bill / Chaptered Version Filed 09/22/2023

                            Senate Bill No. 247 CHAPTER 212 An act to amend Section 23399.5 of the Business and Professions Code, relating to alcoholic beverages. [ Approved by  Governor  September 22, 2023.  Filed with  Secretary of State  September 22, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 247, Wilk. Alcoholic beverages: licensing exemptions: barbering and cosmetology services.Existing law generally prohibits anyone from manufacturing, importing, or selling alcoholic beverages in California without a license from the Department of Alcoholic Beverage Control. Existing law creates certain exceptions from this proscription, including by allowing the serving of beer or wine without a license or permit as part of a beauty salon service or barber shop service, subject to additional restrictions on the sizes of the beverages and hours of service.This bill would revise the exception described above to instead apply to the serving of beer or wine as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23399.5 of the Business and Professions Code is amended to read:23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

 Senate Bill No. 247 CHAPTER 212 An act to amend Section 23399.5 of the Business and Professions Code, relating to alcoholic beverages. [ Approved by  Governor  September 22, 2023.  Filed with  Secretary of State  September 22, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 247, Wilk. Alcoholic beverages: licensing exemptions: barbering and cosmetology services.Existing law generally prohibits anyone from manufacturing, importing, or selling alcoholic beverages in California without a license from the Department of Alcoholic Beverage Control. Existing law creates certain exceptions from this proscription, including by allowing the serving of beer or wine without a license or permit as part of a beauty salon service or barber shop service, subject to additional restrictions on the sizes of the beverages and hours of service.This bill would revise the exception described above to instead apply to the serving of beer or wine as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Senate Bill No. 247 CHAPTER 212

 Senate Bill No. 247

 CHAPTER 212

 An act to amend Section 23399.5 of the Business and Professions Code, relating to alcoholic beverages.

 [ Approved by  Governor  September 22, 2023.  Filed with  Secretary of State  September 22, 2023. ] 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 247, Wilk. Alcoholic beverages: licensing exemptions: barbering and cosmetology services.

Existing law generally prohibits anyone from manufacturing, importing, or selling alcoholic beverages in California without a license from the Department of Alcoholic Beverage Control. Existing law creates certain exceptions from this proscription, including by allowing the serving of beer or wine without a license or permit as part of a beauty salon service or barber shop service, subject to additional restrictions on the sizes of the beverages and hours of service.This bill would revise the exception described above to instead apply to the serving of beer or wine as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology.

Existing law generally prohibits anyone from manufacturing, importing, or selling alcoholic beverages in California without a license from the Department of Alcoholic Beverage Control. Existing law creates certain exceptions from this proscription, including by allowing the serving of beer or wine without a license or permit as part of a beauty salon service or barber shop service, subject to additional restrictions on the sizes of the beverages and hours of service.

This bill would revise the exception described above to instead apply to the serving of beer or wine as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 23399.5 of the Business and Professions Code is amended to read:23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

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 23399.5 of the Business and Professions Code is amended to read:23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

SECTION 1. Section 23399.5 of the Business and Professions Code is amended to read:

### SECTION 1.

23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.

23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.



23399.5. (a) (1) A license or permit is not required for the serving of alcoholic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the limousine service is the same regardless of whether alcoholic beverages are served.

(b) (1) A license or permit is not required for the serving of alcoholic beverages as part of a hot air balloon ride service, provided there is no extra charge or fee for the alcoholic beverages.

(2) For purposes of this subdivision, there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served.

(c) A license or permit is not required for the serving of wine or beer as part of any service provided by an establishment that is subject to regulation by the State Board of Barbering and Cosmetology under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3) if the following requirements are met:

(1) There is no extra charge or fee for the beer or wine. For purposes of this paragraph, there is no extra charge or fee for the beer or wine if the fee charged for the service is the same regardless of whether beer or wine is served.

(2) The license of the establishment providing the service is in good standing with the State Board of Barbering and Cosmetology.

(3) No more than 12 ounces of beer or six ounces of wine by the glass is offered to a client.

(4) The beer or wine is provided only during business hours and in no case later than 10 p.m.

(5) Nothing in this subdivision shall be construed to limit the authority of a city or city and county to restrict or limit the consumption of alcoholic beverages, as described in this subdivision, pursuant to Section 23791.