Amended in Assembly June 28, 2016

Amended in Assembly June 15, 2016

Amended in Senate March 15, 2016

Senate Bill No. 819

Introduced by Senator Huff

(Principal coauthor: Assembly Member Irwin)

(Coauthors: Senators De León and Hall)

(Coauthors: Assembly Members Chávez, Cooper, Gipson, and Lackey)

January 5, 2016

An act to amend Sections 23004 and 23005 of, and to add Sections 23003.1, begin delete 23794, end delete 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 begin delete prohibit the department from issuing a license to manufacture, distribute, or sell powdered alcohol, as defined, and would end delete 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 begin insert specified end insert 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,” 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.

begin delete

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.

end delete

begin delete SEC. 5. end delete

begin insert SEC. 4. end insert   

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.

begin delete SEC. 6. end delete

begin insert SEC. 5. end insert   

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)  begin delete (1) end delete begin delete   end delete 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).

begin delete

(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).

end delete

begin delete SEC. 7. end delete

begin insert SEC. 6. end insert   

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.