BILL NUMBER: SB 819	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 15, 2016

INTRODUCED BY   Senator Huff
   (Principal coauthor: Assembly Member Irwin)
    (   Coauthors:   Senators   De
León   and Hall   ) 
   (Coauthors: Assembly Members Chávez and Lackey)

                        JANUARY 5, 2016

   An act to amend Sections 23004 and 23005 of, and to add Sections
23003.1, 23794, 24200.7, and 25623 to, the Business and Professions
Code, relating to powdered alcohol.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 23003.1 is added to the Business and
Professions Code, to read:
   23003.1.  "Powdered alcohol" means  a powdered or
crystalline substance that contains any amount of alcohol for either
direct use or reconstitution.   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,"   alcohol   "  does
not include "vaporized alcohol" as defined in Section 25621.
  SEC. 2.  Section 23004 of the Business and Professions Code is
amended to read:
   23004.  "Alcoholic beverage" includes 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.
"Alcoholic beverage" does not include "powdered alcohol," as defined
in Section 23003.1.
  SEC. 3.  Section 23005 of the Business and Professions Code is
amended to read:
   23005.  "Distilled spirits" means an alcoholic beverage obtained
by the distillation of fermented agricultural products, and includes
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and
gin, including all dilutions and mixtures thereof. "Distilled spirits"
does not include "powdered alcohol," as defined in Section 23003.1.
  SEC. 4.  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. 5.  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. 6.  Section 25623 is added to the Business and Professions
Code, to read:
   25623.  (a) A person shall not possess, purchase, sell, offer for
sale, manufacture, distribute, 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 possesses, purchases, or uses powdered alcohol
is guilty of an infraction and subject to a fine of one hundred
twenty-five dollars ($125).
  SEC. 7.  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.