BILL NUMBER: SB 346	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 15, 2011

   An act to amend Section 23399.5 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 346, as introduced, Harman. Alcoholic Beverages: licensing.
   Existing law makes it unlawful for any person other than a
licensee of the Department of Alcoholic Beverage Control to sell,
manufacture, or import alcoholic beverages in this state. Existing
law allows the serving of alcohol without a license or permit in a
limousine or as part of a hot air balloon ride service, provided
there is no extra charge or fee for the alcoholic beverages.
   This bill would additionally allow the serving of alcoholic
beverages without a license where the serving of alcoholic beverages
is part of a gondola ride service, provided there is no extra charge
or fee for the alcoholic beverages.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23399.5 of the Business and Professions Code is
amended to read:
   23399.5.   (a)  No license or permit is required
for the serving of alcoholic beverages  as part of a hot air
balloon ride service, as part of a gondola ride service, or  in
a limousine by any person operating a limousine service regulated by
the Public Utilities Commission, provided there is no extra charge or
fee for the alcoholic beverages.
   For purposes of this  subdivision   section
 , there is no extra charge or fee for the alcoholic beverages
when the fee charged for the  hot air balloon ride service,
gondola ride service, or  limousine service is the same
regardless of whether alcoholic beverages are served. 
   (b) No license or permit is required for the serving of alcoholic
beverages as part of a hot air balloon ride service, provided there
is no extra charge or fee for the alcoholic beverages. 

   For purposes of this subdivision, there is no extra charge or fee
for the alcoholic beverages when the fee charged for the hot air
balloon ride service is the same regardless of whether alcoholic
beverages are served.