BILL NUMBER: SB 39	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 15, 2011

INTRODUCED BY   Senator Padilla
    (   Coauthor:   Assembly Member  
Beall   ) 

                        DECEMBER 6, 2010

   An act to add Section 25622 to the Business and Professions Code,
relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 39, as amended, Padilla. Alcoholic beverages: caffeinated beer
beverages.
   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. A violation of the act is a
misdemeanor, except as otherwise specified.
   This bill would prohibit the import, production, manufacture,
distribution, or sale of caffeinated beer beverages, as defined, at
retail locations within the state.
   Because this bill would add a prohibition to the Alcohol Beverage
Control Act, the violation of which is a crime, 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.  Section 25622 is added to the Business and Professions
Code, to read:
   25622.  (a) Caffeinated beer beverages shall not be imported into
this state, produced, manufactured, or distributed within this state,
or sold by a licensed retailer within this state.
   (b) For purposes of this section, "caffeinated beer beverage"
 means a beverage defined as beer pursuant to Section 23006
and that contains 1 percent or more of alcohol by volume to which is
added or infused caffeine.   means a beer which contains
caffeine and for which the manufacturer has filed a formula for
approval with the United States Alcohol and Tobacco Trade  
and Tax Bureau pursuant to Section 25.55 of Title 27 of the Code of
Federal Regulations. 
  SEC. 2.  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.