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 AB 183 (Ma) continued Page 2 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 AB 183 (Ma) continued Page 3 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 AB 183 (Ma) continued Page 4 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." AB 183 (Ma) continued Page 5 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 AB 183 (Ma) continued Page 6 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 AB 183 (Ma) continued Page 7 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 **********