BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                       Bill No:  AB 
          183
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          AB 183  Author:  Ma
          As Amended:  May 19, 2011
          Hearing Date:  June 14, 2011
          Consultant:  Art Terzakis


                                     SUBJECT  
              Alcoholic Beverage Licenses: self-service checkouts

                                   DESCRIPTION
           
          AB 183 prohibits off-sale licensees from selling alcoholic 
          beverages using a customer-operated checkout stand.  
          Specifically, this measure:

          1.  Finds and declares that allowing customers to purchase 
            alcoholic beverages through self-service checkouts 
            facilitates the purchase of alcoholic beverages by 
            minors; permits intoxicated customers to purchase 
            additional alcoholic beverages; and, allows for greater 
            theft of alcoholic beverages, thereby depriving the state 
            of tax revenues.
           
          2.  Stipulates that no privileges under an off-sale license 
            shall be exercised by the licensee at any 
            customer-operated checkout stand.

                                   EXISTING LAW

           Existing law establishes the Department of Alcoholic 
          Beverage Control (ABC) and grants it exclusive authority to 
          administer the provisions of the ABC Act in accordance with 
          laws enacted by the Legislature.  This involves licensing 
          individuals and businesses associated with the manufacture, 
          importation and sale of alcoholic beverages in this state 
          and the collection of license fees or occupation taxes for 




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          this purpose. 

          Existing law provides that the ABC may place reasonable 
          conditions upon any licensee in certain situations, 
          including, but not limited to, the following:  where 
          grounds exist for the denial of an application for a 
          license or where a protest against the issuance of a 
          license has been filed; where findings are made by the ABC 
          which would justify suspension or revocation of the 
          license, and imposition of the conditions is reasonably 
          related to those findings; where findings are made by the 
          ABC that the licensee has failed to correct objectionable 
          conditions within a reasonable period of time.  
          Furthermore, existing law provides that the ABC may suspend 
          or revoke a license for failure to take reasonable steps to 
          correct objectionable conditions, as described.

          Existing law states that every person who sells, 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.  

          Existing law provides 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 $1000, 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.  

          Existing law defines an "on-sale" license as authorizing 
          the sale of all types of alcoholic beverages: namely, beer, 
          wine and distilled spirits, for consumption on the premises 
          (such as at a restaurant or bar).  An "off-sale" license 
          authorizes the sale of all types of alcoholic beverages for 
          consumption off the premises in original, sealed 
          containers.  

                                    BACKGROUND
           
           Purpose of AB 183:   The author's office points out that as 
          a society, we must continue to fight back the ill effects 
          of underage drinking because the lives of far too many 
          young people are negatively impacted by alcohol 
          consumption.  A sizeable number of deaths and injuries are 




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          sustained each year due to this practice.  Yet, despite the 
          clear consequences and dangers posed by underage drinking, 
          studies show that minors throughout California are being 
          exposed to alcohol at much earlier ages.  The author's 
          office notes that underage drinking costs Californians an 
          estimated $8.1 billion annually.  In 2007, underage 
          drinkers consumed nearly 14% of all alcohol sold in 
          California, totaling $3.6 billion in sales. 

          According to the author's office, AB 183 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 of California 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 would not be 
          difficult and points out that it is currently required for 
          cigarettes, spray paints, and some over the counter drugs.  


          The author's office references a recent study conducted by 
          the Center for Alcohol and Drug Studies in San Diego which 
          found that self-checkout scanners were not providing enough 
          safeguards to prevent illicit alcohol access, including 
          failing to "lock-out," and letting customers self-override 
          the "lock-outs." 

          Additionally, the author's office references an April 2009 
          study on the self-checkout system conducted by law students 
          in the Community Economic Development Clinic at UCLA as 
          proof of the problems associated with selling alcohol 
          through a self-checkout system.  The study grew out of the 
          Clinic's work with the Los Angeles Alliance for a New 
          Economy (LAANE) which has focused on researching trends in 
          the grocery industry and their impact on economic 
          development in low-income communities.  This particular 
          study was conducted over a two week period with 
          participants ranging in age from 21 to 41.  Participants 
          visited five different grocery store chains with 
          self-checkout machines: Albertsons, Ralph's, Fresh & Easy, 
          Superior, and the Market by Vons.  In total, participants 




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          conducted 97 visits to 34 grocery stores with self-checkout 
          machines in Los Angeles and Orange counties.  The study 
          drew the following conclusion:  "evidence of inadequate 
          staffing, inconsistent monitoring, and technological 
          failures documented in the study suggest that self-checkout 
          machines may increase the risk of illegal purchases of 
          alcohol, thereby harming public health."    
           
          Arguments in Support:   Proponents note that the predominant 
          problem among youth is alcohol consumption and that sound 
          alcohol policies such as AB 183 can prevent and reduce 
          alcohol-related problems.  

          Proponents reference the California State Attorney 
          General's "California Student Survey" which found that 36% 
          of 9th grade and nearly half (48%) of 11th grade students 
          report that alcohol is very easy to obtain.  The survey 
          also discovered that teens who binge drink (consume 5 or 
          more drinks in a row within the past 30 days) constitute 
          almost half of 9th graders who report any drinking.  
          Additionally, the survey found that by 11th grade nearly 
          two-thirds of the teens who drink report binge drinking.

          Proponents emphasize that the state has a responsibility to 
          regulate the retail sale of alcohol and as a society we 
          must do everything we can to prevent youth access to 
          alcohol.  Proponents believe that preventing youth access 
          by restricting alcohol sales through unsupervised 
          self-service retail sales is good public policy.

           Arguments in Opposition:   Opponents disagree with the 
          findings of the measure and argue that self-service 
          checkout stations have a lock-out or "freeze" mechanism to 
          preclude any customer from purchasing alcoholic beverages 
          without clerk intervention to verify age (ID) and finalize 
          the purchase.

          Opponents state that "assisted checkout stations are 
          overseen by clerks who must abide by California state law 
          governing the sale of alcoholic beverages.  The clerks must 
          either ask for identification from individuals seeking to 
          purchase alcoholic beverages or make a determination that 
          the customer is above the age of 21 and 'override' the 
          system by keying in their clerk or other code in order to 
          complete the transaction." 





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          Opponents note that studies consistently show that most of 
          the time, minors obtain alcohol from persons of legal age, 
          not by purchasing or stealing it themselves.  Opponents 
          report that findings of the latest U.S. Substance Abuse & 
          Mental Health Services Administration (SAMHSA) National 
          Survey on Drug Use & Health show that:

                 Among underage drinkers, just 8.2% purchased the 
               alcohol themselves while nearly 22% gave money to 
               someone of legal age to purchase it.
                 Among underage drinkers who did not pay for the 
               alcohol, the most common source was an unrelated 
               person aged 21 or older (37.2%).  In addition, adult 
               family members provided it 19.5% of the time.
           
          
           Opponents also reference a recent editorial piece in which 
          the L.A. Times opined, "it's unlikely that underage 
          drinkers would flock to self-checkout lanes.  They're more 
          likely to obtain liquor by getting an adult to buy it for 
          them.  For that matter, various studies have found that 
          clerks at regular stands are even more likely than 
          self-check stands to let underage shoppers buy alcohol 
          without an ID check." 

           Staff Comments:   

             (1)  When an individual goes through the self-checkout 
               lane and is purchasing, say, a bottle of wine, the 
               self-checkout supervisor must approve the sale through 
               verification of age.  You have to do this even if 
               you're 84 years old, because the computer automatically 
               demands ID since of course it cannot (yet) distinguish 
               between an inebriated 19-year-old with a case of Pabst 
               Blue Ribbon and a 60-year-old with a bottle of Pinot 
               Noir.  

             (2)  It should be noted that ABC staff indicates that 
               they have no evidence of any problems associated with 
               minors purchasing alcoholic beverages through 
               self-service checkouts.

             (3)  Over the past 10 years California has witnessed an 
               emerging wine business on the Internet that has created 
               another sales channel for California wine - this 
               evolution of on-line sales is here to stay with 




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               wineries and virtual wineries conducting business via 
               e-mail and Internet all the time.  This measure could 
               have an impact on Internet wine sales because an 
               on-line wine customer is typically directed to a site's 
               (off-sale licensee's) "customer operated checkout" page 
               or "shopping cart" and there's no direct interaction 
               with a live body.   Although AB 183 appears to be 
               designed for a "physical setting" it doesn't 
               necessarily suggest that because the measure lacks a 
               definition for "customer-operated checkout stand."  
                                         
                           PRIOR/RELATED LEGISLATION
           
           AB 1060 (De La Torre) 2009-10 Session.   Would have 
          prohibited off-sale licensees from selling alcoholic 
          beverages using a self-service checkout system.  (Vetoed - 
          Governor's message stated, "There is no legitimate evidence 
          to suggest that self-service checkout stands are 
          contributing to the theft of alcoholic beverages and sales 
          to minors or intoxicated persons.  Retailers have several 
          strong reasons to prevent the theft or sale of alcohol to 
          minors including the fact that alcohol is an expensive 
          product to be stolen and a grocer's alcohol sales could be 
          placed in jeopardy.  Thus, it is unclear what problem this 
          bill seeks to address.")  
           
          AB 523 (De La Torre) 2007-08 Session.   Identical to AB 1060 
          (De La Torre) of 2009.  (Failed passage in this committee 
          on a vote of 5-2)
          
           SUPPORT:   As of June 10, 2011:

          Mothers Against Drunk Driving (co-sponsor)
          California Police Chiefs Association (co-sponsor)
          California Professional Firefighters (co-sponsor)
          Association for Los Angeles Deputy Sheriffs
          (Support - continued)
          
          California Association of Addiction Recovery Resources
          California Association of Alcoholism & Drug Abuse 
          Counselors
          California Association of Alcohol and Drug Program 
          Executives, Inc.
          California Council on Alcohol Problems
          California Labor Federation
          California Narcotic Officers' Association




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          California Nurses Association
          California Teamsters Public Affairs Council
          County Alcohol and Drug Program Administrators Association 
          of California
          Consumer Federation of California
          L.A. County Probation Officers Union
          Marin Institute
          Riverside Sheriffs' Association
          City and County of San Francisco Police Department
          United Food and Commercial Workers
          Western States Council of the United Food & Commercial 
          Workers
           
          OPPOSE:   As of June 10, 2011:

          California Chamber of Commerce
          California Grocers Association
          California Hispanic Chambers of Commerce
          California Independent Grocers Association
          California Manufacturers and Technology Association
          California Retailers Association
          Central City Association of Los Angeles
          Information Technology & Innovation Foundation
          Los Angeles Area Chamber of Commerce
          National Cash Register Corporation
          Neighborhood Market Association
          Tech America
          Valley Industry and Commerce Association  
           
          FISCAL COMMITTEE:   Senate Appropriations Committee

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