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.