BILL ANALYSIS Ó
AB 183
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 183 (Ma) - As Introduced: January 25, 2011
Policy Committee: Governmental
Organization Vote: 11 - 3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits off-sale licensees from allowing individuals
to use self-check out machines to purchase alcoholic beverages.
FISCAL EFFECT
Every 50 complaints received by the Department of Alcoholic
Beverage Control (ABC) for stores selling alcohol through
self-service check-outs would likely result in 10 to 15 actual
violations. Alcohol Beverages Control Fund costs associated with
those investigations could range up to $30,000 per year.
COMMENTS
1)Rationale . According to the author's office, this bill takes a
precautionary step and precludes the possibility of underage
drinking abuses occurring due to the usage of a self-service
checkout kiosk - the passive supervision associated with these
stations makes them vulnerable to manipulation. By forcing
alcohol purchases to be made through a face-to-face
transaction from beginning to end, the state can ensure that
the necessary age verification steps are being taken to keep
alcohol out of the hands of minors.
The author's office emphasizes that requiring retailers to
conduct all of their alcohol sales in a face-to-face
transaction with a cashier is not difficult and points out
that it is currently required for cigarettes, spray paints,
and some over the counter drugs.
2)Current Law . Current law states that every person who sells,
AB 183
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furnishes, gives, or causes to be sold, furnished, or given
away, any alcoholic beverage to any person under the age of 21
years is guilty of a misdemeanor. In addition, the law states
that except as provided by law, any person who violates
existing law by furnishing an alcoholic beverage, or causing
an alcoholic beverage to be furnished, to a minor shall be
punished by a fine of $1,000, no part of which shall be
suspended, and the person shall be required to perform not
less than 24 hours of community service during hours when the
person is not employed and is not attending school.
3)ABC Staffing . There are approximately 82,000 permanently
licensed establishments in California, with an average of
12,000 applications for license transfers and new businesses
made each year. On average, an additional 33,000 temporary
"special event" licenses are issued to non-profit and
charitable organizations for their events annually. Although
the majority of these businesses/venues are run in an orderly
fashion, some present significant public safety problems.
As of March 2011, ABC is authorized 142 sworn investigators to
conduct its enforcement operations to police the activities at
these 115,000 licensed venues. Currently, there are 45 vacant
investigator positions which have not been filled due to
several factors, including hiring freeze restrictions in place
since July 2010. If ABC were able to maintain a zero percent
vacancy rate, each investigator would be responsible for
approximately 810 licensed venues.
4)Related Legislation . In 2010, AB 1060 (De La Torre) would have
prohibited off-sale licensees from selling alcoholic beverages
using a self-service checkout system. That bill was vetoed by
the governor. In his veto message, the governor asserted that
there is no legitimate evidence to suggest that self-service
grocery checkout stands are contributing to the theft of
alcoholic beverages and sale to minors or intoxicated persons.
AB 523 (De La Torre) of 2007-08, an urgency measure, would
have prohibited off-sale general licensees from selling
alcoholic beverages using a self-service checkout system. The
bill failed passage in Senate Committee on Governmental
Organization.
AB 183
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Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081