BILL NUMBER: AB 183	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        JANUARY 25, 2011

   An act to add Section 23394.7 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 183, as introduced, Ma. 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 licensees from selling alcoholic
beverages 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.
   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.  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 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.