BILL NUMBER: AB 523	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2008
	AMENDED IN ASSEMBLY  MAY 25, 2007

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 21, 2007

    An act to add Sections 10506.7.5 and 10506.7.6 to, and to
add Article 1.6 (commencing with Section 10507.1) to Chapter 2.1 of
Part 2 of Division 2 of, the Public Contract Code, relating to public
contracts.   An act to add Section 23394.7 to the
Business and Professions Code, relating to alcoholic beverages. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 523, as amended, De La Torre.  Contracts: University of
California.  Alcoholic   beverage licenses:
self-service checkouts.  
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state.  
   This bill would prohibit off-sale general licensees from selling
distilled spirits using a self-service checkout system. This bill
makes findings and declarations regarding the effects of allowing
alcoholic beverages to be sold using self-service checkouts. 

   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional duties on a licensee under the
act, thus, 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.  
   Existing law authorizes the Regents of the University of
California to enter into contracts for the erection, construction,
alteration, repair, or improvement of a university structure, as
specified.  
   This bill would provide for specified procedures when a
contractor, as defined, files a change order with the Regents of the
University of California pursuant to an existing contract. The bill
also would provide for specified procedures allowing arbitration
between the Regents of the University of California and contractors.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares that
allowing customers to purchase alcoholic beverages through
self-service checkouts:  
   (a) Facilitates the purchase of alcoholic beverages by minors.
 
   (b) Permits customers who are in an advanced state of intoxication
to purchase additional alcoholic beverages, in violation of state
law.  
   (c) Allows for greater theft of alcoholic beverages, thereby
depriving the state of tax revenues. 
   SEC. 2.    Section 23394.7 is added to the  
Business and Professions Code   , to read:  
   23394.7.  (a) No privileges under an off-sale general license
shall be exercised by the licensee at any checkstand, where the
customer is able to scan and purchase alcoholic beverages using a
point-of-sale system with limited or no assistance from an employee
of the licensee.
   (b) For purposes of this section, "point-of-sale" system means any
computer or electronic system used by a retail establishment such
as, but not limited to, Universal Product Code scanners, price lookup
codes, or an electronic price lookup system as a means for
determining the price of the item being purchased by a consumer.

   SEC. 3.    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.  All matter omitted in this version of
the bill appears in the bill as amended in the Assembly, May 25, 2007
(JR11)