SB 819, as amended, Huff. 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 possession, purchase, sale, offer for sale, distribution, manufacture, 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 23003.1 is added to the Business and
2Professions Code, to read:
“Powdered alcohol” meansbegin delete a powdered or crystalline begin insert an alcohol prepared or sold in a powder or
4substance that contains any amount of alcohol for either direct use
5or reconstitution.end delete
6crystalline form that is used for human consumption in that form
7or reconstituted as an alcoholic beverage when mixed with water
8or any other liquid.end insert “Powderedbegin delete alcohol,”end deletebegin insert alcoholend insertbegin insert”end insert
does not include
9“vaporized alcohol” as defined in Section 25621.
Section 23004 of the Business and Professions Code
11 is amended to read:
“Alcoholic beverage” includes alcohol, spirits, liquor,
13wine, beer, and every liquid or solid containing alcohol, spirits,
14wine, or beer, and which contains one-half of 1 percent or more
15of alcohol by volume and which is fit for beverage purposes either
16alone or when diluted, mixed, or combined with other substances.
17“Alcoholic beverage” does not include “powdered alcohol,” as
18defined in Section 23003.1.
Section 23005 of the Business and Professions Code
20 is amended to read:
“Distilled spirits” means an alcoholic beverage obtained
22by the distillation of fermented agricultural products, and includes
23alcohol for beverage use, spirits of wine, whiskey, rum, brandy,
24and gin, including all dilutions and mixtures thereof. “Distilled
25spirits” does not include “powdered alcohol,” as defined in Section
2623003.1.
Section 23794 is added to the Business and Professions
28Code, to read:
A license shall not be issued to any applicant to
2authorize the manufacture, distribution, or retail sale of powdered
3alcohol.
Section 24200.7 is added to the Business and
5Professions Code, to read:
The department shall revoke or suspend any license
7if the licensee or the agent or employee of the licensee
8manufactures, distributes, or offers for retail sale powdered alcohol.
Section 25623 is added to the Business and Professions
10Code, to read:
(a) A person shall not possess, purchase, sell, offer for
12sale, manufacture, distribute, or use powdered alcohol.
13(b) (1) Any person who sells, offers for sale, manufactures, or
14distributes powdered alcohol is guilty of an infraction that shall
15be punishable by a fine of not more than five hundred dollars
16($500).
17(2) Any person who possesses, purchases, or uses powdered
18alcohol is guilty of an infraction and subject to a fine of one
19hundred twenty-five dollars ($125).
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
O
98