BILL NUMBER: SB 819	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2016
	AMENDED IN ASSEMBLY  JUNE 15, 2016
	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, Cooper, Gipson, 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 
specified 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.

  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.   SEC. 4.   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.   SEC. 5.   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.   SEC. 6.   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.