Amended in Senate June 30, 2016

Amended in Senate June 20, 2016

Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1322

Introduced by Assembly begin delete Member Daly end delete begin insert Members Daly and Wilk end insert

begin delete

(Coauthor: Assembly Member Wilk)

end delete

February 27, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 1322, as amended, Daly. Alcoholic beverages: licenses: beauty salons and barber shops.

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 beer or wine without a license as part of a beauty salon or barber shop service if specified requirements are met, including that there be no extra charge or fee for the beer or wine, the license of the establishment providing the service is in good standing, and the servings are limited to specified amounts.

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) (1) A license or permit is not required for the
serving of alcoholic beverages 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.

(2) For purposes of this subdivision, there is no extra charge or
fee for the alcoholic beverages when the fee charged for the
limousine service is the same regardless of whether alcoholic
beverages are served.

(b) (1) A license or permit is not 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.

(2) 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.

(c) A license or permit is not required for the serving of begin delete beer or
wine end delete begin insert wine or beer end insert as part of a beauty salon service or barber shop
service if the following requirements are met:

(1) There is no extra charge or fee for the beer or wine. For
purposes of this paragraph, there is no extra charge or fee for the
beer or wine if the fee charged for the beauty salon service or
barber shop service is the same regardless of whether beer or wine
is served.

(2) The license of the establishment providing the beauty salon
service or barber shop service is in good standing with the State
Board of Barbering and Cosmetology.

(3) No more than 12 ounces of beer or six ounces of wine by
the glass is offered to a client.

(4) The beer or wine is provided only during business hours and
in no case later than 10 p.m.

(5) Nothing in this subdivision shall be construed to limit the
authority of a city or city and county to restrict or limit the
consumption of alcoholic beverages, as described in this
subdivision, pursuant to Section 23791.