Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2896

Introduced by Assembly Member Santiago

February 18, 2022

An act relating to alcoholic beverages. to amend Section 25605 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 2896, as amended, Santiago. Alcoholic beverages: third-party delivery platforms. delivery.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Under the act, every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor. The act 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. Unless otherwise specified, a violation of the act is a misdemeanor.

This bill would state the intent of the Legislature to enact legislation that would authorize the Department of Alcoholic Beverage Control to enforce the Alcoholic Beverage Control Act against third-party delivery platform violators and make related legislative findings and declarations.

This bill would impose additional conditions to be met for an alcoholic beverage to be delivered to a consumer pursuant to an order received by telephone or other electronic means, including, among other things, that the person delivering the alcoholic beverage has completed appropriate training, as specified, and makes a determination that the person taking delivery is not obviously intoxicated. By expanding the scope of an existing crime, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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 An off-sale licensee shall not deliver any alcoholic beverages to a consumer pursuant to orders an order received for an alcoholic beverages beverage by telephone or other electronic 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. all of the following conditions are met:
(a) The person delivering the alcoholic beverage is 21 years of age or older and has completed appropriate training on matters including, but not limited to, age verification, state law and regulations relating to alcohol beverage control, and intervention techniques to prevent the sale of alcoholic beverages to underage persons or intoxicated persons. The person delivering the alcoholic beverage shall do all of the following:
(1) Verify by means of bona fide evidence of majority and identity, as specified in subdivision (a) of Section 25660, that the person taking delivery of the alcoholic beverage is 21 years of age or older.
(2) Obtain the signature of a person 21 years of age or older before completing the delivery.
(3) Determine that the person taking delivery of the alcoholic beverage is not obviously intoxicated.
(b) The receipt, invoice, or billing statement pertaining to the sale and delivery of the alcoholic beverage identifies the licensee as the merchant.
(c) The delivery of the alcoholic beverage is a person-to-person transfer with the recipient taking physical possession of the alcoholic beverage.
(d) The alcoholic beverage is delivered to a physical address.
(e) The alcoholic beverage is paid for before the delivery of the alcoholic beverage and no money is exchanged between the person delivering the alcoholic beverage and the person taking delivery of the alcoholic beverage.
(f) The delivery of an alcoholic beverage is not made through the use of an unmanned vehicle.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.
SECTION 1.

The Legislature finds and declares all of the following:

(a)An undercover investigation conducted by the Department of Alcoholic Beverage Control found an 80-percent failure rate of alcohol being delivered to minors by third-party delivery platforms.

(b)The delivery of alcohol by third-party delivery platforms from food facilities should have adequate protections to ensure that alcohol is not being delivered to minors.

(c)It is the intent of the Legislature to enact legislation that would authorize the Department of Alcoholic Beverage Control to enforce the Alcoholic Beverage Control Act against third-party delivery platform violators.