BILL NUMBER: AB 1554	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2016

INTRODUCED BY   Assembly Member Irwin
   (Principal coauthor: Senator Huff)
    (   Coauthors:   Assembly Members 
 Campos,   Gipson,   Levine,   Lopez,
  and Williams   ) 

                        JANUARY 4, 2016

   An act to add Sections 23003.1, 23794, 24200.7, and 25623 to the
Business and Professions Code, relating to powdered alcohol.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1554, as amended, Irwin. Powdered alcohol.
   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. That act imposes additional
regulations on the sale of alcoholic beverages and creates penalties
for violations of those regulations.
   This bill would prohibit the department from issuing a license to
manufacture, distribute, or sell powdered alcohol, as defined, and
would require the department to revoke the license of any licensee
who manufactures, distributes, or sells powdered alcohol, as
provided. This bill would prohibit the purchase, sale, offer for
sale, distribution, manufacture, possession, or use of powdered
alcohol and would make the violation of these provisions punishable
as an infraction.
   This bill would impose a state-mandated local program by creating
a new crime.
   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 23003.1 is added to the Business and
Professions Code, to read:
   23003.1.  "Powdered alcohol" means an alcohol prepared or sold in
a powder or crystalline form that is used for human consumption in
that form or reconstituted as an alcoholic beverage when mixed with
water or any other liquid. "Powdered alcohol" does not include
"vaporized  alcohol"   alcohol,   "
 as defined in Section 25621.
  SEC. 2.  Section 23794 is added to the Business and Professions
Code, to read:
   23794.  A license shall not be issued to any applicant to
authorize the manufacture, distribution, or retail sale of powdered
alcohol.
  SEC. 3.  Section 24200.7 is added to the Business and Professions
Code, to read:
   24200.7.  The department shall revoke or suspend any license if
the licensee or the agent or employee of the licensee manufactures,
distributes, or offers for retail sale powdered alcohol.
  SEC. 4.  Section 25623 is added to the Business and Professions
Code, to read:
   25623.  (a) A person shall not purchase, sell, offer for sale,
manufacture, distribute, possess, or use powdered alcohol.
   (b) (1) Any person who sells, offers for sale, manufactures, or
distributes powdered alcohol is guilty of an infraction that shall be
punishable by a fine of not more than five hundred dollars ($500).
   (2) Any person who purchases, possesses, or uses powdered alcohol
is guilty of an infraction and subject to a fine of one hundred
twenty-five dollars ($125).
  SEC. 5.  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.