BILL ANALYSIS Ó
SB 530
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Date of Hearing: July 15, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
530 (Pan) - As Amended July 9, 2015
SENATE VOTE: 35-0
SUBJECT: Pedicabs.
SUMMARY: Creates a new category of pedicabs, as defined, and
establishes a set of operational requirements, including alcohol
consumption by passengers, as specified. Specifically, this
bill:
1)Expands the definition of pedicab to include a four-wheeled
device that is primarily or exclusively pedal-powered, has a
seating capacity for eight or more passengers, cannot travel
in excess of 15 miles per hour, and is used for transporting
passengers for hire, as specified.
2)Specifies certain equipment requirements related to this new
category of pedicabs including seatbelts for all passengers,
seat backs, breaks, reflectors, headlights, and grab rails.
3)Specifies that all operating pedicabs must meet the
abovementioned requirements by
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January 1, 2017, in order to remain in operation.
4)Prohibits a pedicab, as defined, from having a seating
capacity for more than 15 passengers.
5)Requires a pedicab, as defined, to be authorized by a local
ordinance or resolution to operate within the applicable local
jurisdiction.
6)Requires a pedicab, as defined, to have proof of financial
responsibility, as specified.
7)Requires the pedicab operator to be at least 21 years of age
and hold a valid driver's license.
8)Provides that for pedicabs where alcohol is consumed by
passengers , the pedicab service is required to:
a) Obtain authorization by the appropriate local authority
through the approval of a local ordinance or resolution;
b) Provide an on-board safety monitor who is at least 21
years of age whenever alcohol is being consumed;
c) Have both the operator and safety monitor complete
either the Licensee Education on Alcohol and Drugs program
(LEAD) implemented by the Department of Alcoholic Beverage
Control (ABC) or a training course utilizing the curriculum
recommended by the Responsible Beverage Service Advisory
Board; and,
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d) Permit only passengers that are 21 years of age or
older if alcohol is being consumed.
e) Alcoholic beverages shall not be provided by the
operator or onboard safety monitor or any employee or
agent of the operator or onboard safety monitor of the
pedicab. Alcoholic beverages may only be supplied by the
passengers of the pedicab.
f) All alcoholic beverages supplied by passengers of
the pedicab shall be in enclosed and enclosed, sealed,
and unopened containers that have been labeled prior to
their consumption on board the pedicab.
g) Alcoholic beverages may be consumed by a passenger
of the pedicab only while he or she is physically on
board and within the pedicab.
9)Prohibits the safety monitor from supervising passengers while
being under the influence of any alcoholic beverage and be
subject to certain violations, as specified.
10)Provides that a license or permit issued by the Department of
Alcoholic Beverage Control (ABC) is not required to be
obtained by a pedicab, as defined, if the pedicab operator or
its employees do no sell, serve, or furnish any alcoholic
beverage to any passenger, as specified.
11)Makes technical conforming changes.
EXISTING LAW:
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1)Defines a vehicle as a device by which any person or property
may be propelled, moved, or drawn upon a highway, excepting a
device moved exclusively by human power or used exclusively
upon stationary rails or tracks.
2)Defines pedicabs as either a bicycle that has three or more
wheels, that transports, or is capable of transporting
passengers on seats attached to the bicycle, that is operated
by a person, and is being used for transporting passengers for
hire, or a bicycle that pulls a trailer, sidecar, or similar
device, that transports passengers on seats attached to a
trailer or similar device, that is operated by a person, and
is used for transporting passengers, as specified.
3)Specifies that a person riding a bicycle or operating a
pedicab upon a highway has all the rights and is subject to
all the provisions applicable to the driver of a vehicle,
including, but not limited to, provisions relating to driving
under the influence of alcoholic beverages or drugs.
4)Any person possessing any can, bottle, or other receptacle
containing any alcoholic beverage that has been opened, or a
seal broken, or the contents of which have been partially
removed, in any city, county, or city and county owned park or
other city, county, or city and county owned public place, or
any recreation and park district, or any regional park or
open-space district shall be guilty of an infraction if the
city, county, or city and county has enacted an ordinance
that prohibits the possession of those containers in those
areas or the consumption of alcoholic beverages in those
areas.
5)Establishes ABC and grants it exclusive authority to
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administer the provisions of the Alcholic Beverage Control Act
(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 for
this purpose.
6)Defines "Alcoholic beverage" to include alcohol, spirits,
liquor, wine, beer, and every liquid or solid containing
alcohol, spirits, wine, or beer, and which contains one-half
of 1 percent or more of alcohol by volume and which is fit for
beverage purposes either alone or when diluted, mixed, or
combined with other substances.
7)Provides no ABC license or permit shall be required for the
serving and otherwise disposing of alcoholic beverages where
all of the following conditions prevail: 1) That there is no
sale of an alcoholic beverage; 2) That the premises are not
open to the general public during the time alcoholic
beverages are served, consumed or otherwise disposed of; and
3) That the premises are not maintained for the purpose of
keeping, serving, consuming or otherwise disposing of
alcoholic beverages.
8)Under the Act, it is a public nuisance for any person to
maintain any club room in which any alcoholic beverage is
received or kept, or to which any alcoholic beverage is
brought, for consumption on the premises by members of the
public or of any club, corporation, or association, unless
the person and premises are licensed under this division.
It is a public nuisance for any person to keep, maintain,
operate or lease any premises for the purpose of providing
therein for a consideration a place for the drinking of
alcoholic beverages by members of the public or other
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persons, unless the person and premises are licensed under
this division. As used herein "consideration" includes
cover charge, the sale of food, ice, mixers or other liquids
used with alcoholic beverage drinks, or the furnishing of
glassware or other containers for use in the consumption of
alcoholic beverage drinks. The Attorney General or any
district attorney may bring an action in the name of the
people to abate the nuisance, and the Attorney General
shall, upon request of ABC, bring the action.
9)Allows the serving of alcoholic beverages 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.
FISCAL EFFECT: Unknown.
COMMENTS:
Originally established in Europe, this type of pedal-powered
vehicle, otherwise known as a party bike, beer bike, or pedibus,
has rapidly grown in popularity throughout cities in the United
States. Cities such as Portland, Denver, and Sacramento all
permit some form of this transportation services within their
city. These human pedal-powered vehicles can generally seat up
to fifteen passengers with the steering and breaking controlled
by a driver who does not provide pedaling power. Additionally,
these pedal-powered vehicle's typically are used to offer guided
riding tours through tourist and entertainment areas, many times
accompanied with stops to local bars and restaurants.
The author introduced SB 530 to establish a set of safety
standards for this new category of pedicab service (party
bikes). Currently party bike businesses are licensed by the
host city without any state involvement. This has created some
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uncertainty about how to properly classify party bikes or how to
prescribe any particular set of safety standards. While there
have been no reported or known party bike accidents within
California, incidents have occurred in other states. For
example, in 2013, a party bike in Minneapolis tipped over while
traveling downhill towards the end of its tour.
Within California, party bike companies currently operate under
conditions, which vary in each municipality. SB 530 establishes
a basic set of uniform standards by requiring party bikes to be
equipped with certain safety equipment, requiring party bike
operators to meet particular requirements, and requiring all
party bike operators to meet these requirements before January
1, 2017. The author notes that this industry is growing
rapidly, and that California should address regulation at the
state level before any significant public safety issues arise.
Background : Existing law provides authority for ABC to issue
numerous types of licenses. Currently, it is unlawful for any
corporation, club, or organization to sell, give, serve,
dispense, keep, or allow to be consumed on its premises any
alcoholic beverage unless licensed or permitted by law. This
prohibition includes the serving of free alcohol with the
purchase of another good or service. It is also unlawful for
any person to keep or consume an alcoholic beverage on any
premises open to the public other than as specifically permitted
by law.
Existing law defines various types of vehicles with differing
rights and responsibilities. Bicycles, motorized bicycles,
pedicabs, neighborhood electric vehicles, motorcycles, passenger
vehicles, and buses are just some of the different types of
vehicles allowed to use California streets and highways. This
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bill deals with four-wheeled, primarily pedal-powered vehicles
that carry up to 15 passengers. These are substantial vehicles,
about the size of a car, and can cost up to $100,000.
This bill would expand the definition of a pedicab to include a
4-wheeled device that is primarily or exclusively pedal-powered,
has a seating capacity for 8 or more passengers, cannot travel
in excess of 15 miles per hour, and is being used for
transporting passengers for hire, as prescribed.
The bill would impose specified requirements on these pedicabs
defined by the bill, relating to, among other things, a maximum
seating capacity for 15 passengers, local authorization to
operate, operator qualifications and training, safety equipment,
financial responsibility, and passenger alcohol consumption. A
pedicab shall not operate on any highway under the jurisdiction
of the local authority unless authorized by resolution or
ordinance.
Pedicabs will be required to be equipped with seatbelts for all
passengers, seat backs, brakes, reflectors, headlights, and grab
rails. A pedicab that does not meet these requirements shall
meet these requirements by January 1, 2017, in order to continue
operation.
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ABC's LEAD Program : The LEAD Program is a free, voluntary
prevention and education program for retail licensees, their
employees and applicants. It began on January 1, 1991 with a
grant from the California Office of Traffic Safety. The
training classes are offered at a variety of locations
throughout the California. The classes include instruction on
checking various forms of identification, detecting and
preventing illegal activity, reducing liability and much more.
Each training class lasts 4 hours. At the conclusion of the
class, an exam is given on the material that was covered. Each
person that fulfills all of the training requirements receives a
certificate, via email, certifying that they successfully
completed a LEAD training course.
Policy considerations : The author might want to consider
amending the bill to make the responsible beverage service
training requirement subject to private organizations that offer
such training throughout the state. Otherwise, if ABC's LEAD
program is utilized, it might be appropriate for the department
to assess a fee for service, as current funding for this
required training is offset from annual retail license fees paid
into the ABC Fund.
The Committee may wish to consider if this bill might create a
safety hazard if local governments choose to permit alcoholic
beverages to be consumed on board. Moreover, pedicabs are
open-air, and therefore the alcohol consumption will be visible
to the public.
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Double referral : On June 29, 2015, this bill passed the
Assembly Transportation Committee by a 14-0 vote.
Related legislation : AB 1322 (Daly) of 2015. Would allow
beauty salons and barber shops, in good standing with the
California Board of Barbering and Cosmetology (CBBC), to serve
their clients limited quantities of beer or wine at no extra
charge during normal business hours without obtaining a license
or permit from ABC. (Pending in Senate G.O. Committee)
AB 604 (Olsen) of 2015. Defines "electrically motorized
skateboard" and authorizes cities and counties to regulate their
use. (In Assembly - Concurrence in Senate amendments pending)
Prior legislation : SB 346 (Harman) of 2011. Would have
authorized the serving of alcoholic beverages without a license
or permit as part of a "gondola ride" (boat) service. (Held in
Assembly Appropriations Committee at request of the author)
AB 2416 (Governmental Organization Committee, Chapter 639,
Statutes of 1998). Provided that 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.
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SB 1546 (Beverly, Chapter 1354, Statutes of 1986). Provided
that a license or permit is not required for the serving of
alcoholic beverages in a limousine provided there is no extra
charge or fee for the alcoholic beverages.
REGISTERED SUPPORT / OPPOSITION:
Support
Off the Chain, Sponsor
City Cruiser
Pedal On
Roberta MacGlashan, Sacramento County Supervisor
Social Cycle
Various letters of support from individuals
Opposition
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None on file
Analysis Prepared by:Eric Johnson / G.O. / (916)
319-2531