BILL NUMBER: AB 1896	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jeffries

                        FEBRUARY 16, 2010

   An act to amend Section 25660 of, and to add Section 23393.5 to,
the Business and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1896, as introduced, Jeffries. Alcoholic beverage control:
licensees: proof of age.
   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. Existing law provides for
various annual fees for the issuance of alcoholic beverage licenses
that vary depending upon the type of license issued.
   This bill would authorize the issuance of a limited off-sale
retail wine license that would allow the licensee to sell wine only
via direct mail, telephone, or Internet, as specified. This bill
would impose an original fee and an annual renewal fee in specified
amounts, and would allow the Department of Alcoholic Beverage Control
to impose reasonable conditions upon the licensee.
   The Alcoholic Beverage Control Act makes it a misdemeanor for any
person under the age of 21 years to purchase any alcoholic beverage
or consume any alcoholic beverage in any on-sale premises. The act
also subjects a holder of a license to sell alcoholic beverages to
criminal prosecution and suspension or revocation of that license if
the licensee sells any alcoholic beverages to any person under the
age of 21 years. Existing law provides that a licensee's acceptance
of bona fide evidence, as defined, constitutes a defense to any
action against the licensee. Existing law requires that evidence to
contain a description of the person.
   Existing law includes, as bona fide evidence of age, a military
identification card issued to a member of the Armed Forces that
contains, among other things, a description of the cardholder.
Existing law also provides, however, that, if the military
identification card lacks a physical description but does include
date of birth and a photo, further proof of age is not required.
   This bill would revise the provision relating to the use of
military identification cards as proof of age for purposes of
purchasing or consuming of alcoholic beverages, to directly specify
that a valid identification card issued to a member of the Armed
Forces, that includes the date of birth and a photo of the person
would, under all circumstances, constitute bona fide evidence of age.

   The Alcoholic Beverage Control Act provides that a violation of
its provisions is a misdemeanor, unless otherwise specified.
   This bill, by including provisions that would be subject to those
existing criminal sanctions, 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: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 23393.5 is added to the Business and
Professions Code, to read:
   23393.5.  (a) The department may issue a limited off-sale retail
wine license. A limited off-sale retail wine license authorizes the
sale of wine by the licensee under all of the following conditions:
   (1) Sales are restricted to sales solicited and accepted via
direct mail, telephone, or the Internet.
   (2) Sales are not conducted from a retail premises open to the
public.
   (3) The licensee takes possession and title of all alcoholic
beverages sold by the licensee.
   (4) All alcoholic beverages sold by the licensee are delivered to
the purchaser from the licensee's licensed premises or from a
licensed public warehouse.
   (b) The licensee shall comply with the requirements of Section
23985, but is exempted from the requirements and limitations under
Sections 23985.5 and 23986.
   (c) The department may impose reasonable conditions upon the
licensee as may be needed in the interest of the public health,
safety, and welfare.
   (d) The application for the license shall be accompanied by an
original fee in an amount equivalent to that of an original off-sale
beer and wine license pursuant to Section 23954.5. The annual fee for
the license shall be an amount equivalent to that of a retail
package off-sale beer and wine license pursuant to Section 23320. All
money collected from the fees provided for in this section shall be
deposited in the Alcohol Beverage Control Fund, as provided by
Section 25761.
  SEC. 2.  Section 25660 of the Business and Professions Code is
amended to read:
   25660.  (a) Bona fide evidence of majority and identity of the
person is  a document issued by a federal, state, county, or
municipal government, or subdivision or agency thereof, including,
but not limited to, a motor vehicle operator's license, an
identification card issued to a member of the Armed Forces that
contains the name, date of birth, description, and picture of the
person, or a valid passport issued by the United States or by a
foreign government.   any of the following:  
   (1) A document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a valid motor vehicle operator's license that contains
the name, date of birth, description, and picture of the person.

   (2) A valid passport issued by the United States or by a foreign
government.  
   (3) A valid identification card issued to a member of the Armed
Forces that includes a date of birth and a picture of the person.
 
   (b) In the event an identification card issued to a member of the
Armed Forces is provided as proof of majority and lacks a physical
description, but does include date of birth and a photo, further
proof of majority shall not be required.  
   (c) 
    (b)  Proof that the defendant-licensee, or his or her
employee or agent, demanded, was shown, and acted in reliance upon
bona fide evidence in any transaction, employment, use, or permission
forbidden by Section 25658, 25663, or 25665 shall be a defense to
any criminal prosecution therefor or to any proceedings for the
suspension or revocation of any license based thereon.
  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.