BILL NUMBER: AB 273 CHAPTERED BILL TEXT CHAPTER 29 FILED WITH SECRETARY OF STATE MAY 18, 2006 APPROVED BY GOVERNOR MAY 18, 2006 PASSED THE SENATE MAY 4, 2006 PASSED THE ASSEMBLY MAY 16, 2005 AMENDED IN ASSEMBLY APRIL 25, 2005 INTRODUCED BY Assembly Member Baca FEBRUARY 9, 2005 An act to add Section 25621 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST AB 273, Baca Sale of alcoholic beverages: alcohol vaporized device. The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. This bill would prohibit the sale, purchase, and use of any vaporized form of alcohol produced by an alcohol vaporizing device, as defined. This bill would also provide that a person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of $250. This bill would also provide that a person who sells or offers for sale any vaporized form of alcohol, or who possesses, sells, or offers for sale any alcohol vaporizing device, is guilty of a misdemeanor and is subject to imprisonment in a county jail, or a fine of not more than $1,000, or both. By imposing mandatory jail time in a county jail, this bill would impose a state-mandated local program upon local government. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25621 is added to the Business and Professions Code, to read: 25621. (a) No person shall purchase, offer for sale, or use any vaporized form of alcohol produced by an alcohol vaporizing device. (b) For purposes of this section, "alcohol vaporizing device" means any device, machine, or process that mixes spirits, liquor, or other alcohol product with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation. (c) (1) Any person who sells or offers for sale any vaporized form of alcohol produced by an alcohol vaporizing device is guilty of a misdemeanor that shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both. (2) Any person who purchases or uses any vaporized form of alcohol produced by an alcohol vaporizing device is subject to a fine of two hundred fifty dollars ($250). (d) Any person who possesses, sells, or offers for sale any alcohol vaporizing device shall be guilty of a misdemeanor. 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.