BILL ANALYSIS
AB 1060
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1060 (De La Torre) - As Introduced: February 27, 2009
Policy Committee: Governmental
Organization Vote: 11 - 3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits off-sale licensees from allowing individuals
to use self-check out machines to purchase alcoholic beverages.
FISCAL EFFECT
Every 50 complaints received by the Department of Alcoholic
Beverage Control (ABC) for stores selling alcohol through
self-service check-outs would likely result in 10 to 15 actual
violations. Alcohol Beverages Control Fund costs associated with
those investigations could range up to $100,000 per year.
COMMENTS
1)Rationale . The author's office points out that as a society,
we must continue to fight the ill effects of underage drinking
because the lives of far too many young people are negatively
impacted by alcohol consumption. A sizeable number of deaths
and injuries are sustained each year due to this practice.
Yet, despite the clear consequences and dangers posed by
underage drinking, studies show that minors throughout
California are being exposed to alcohol at much earlier ages.
The author's office cites a 2006 National Survey on Drug Use
and Health that found 28% of young people between the ages of
12-20 reported drinking alcohol; 19% reported binge drinking.
According to the author's office, this bill takes a
precautionary step and precludes the possibility of underage
drinking abuses occurring due to the usage of a self-service
checkout kiosk - the passive supervision associated with these
stations makes them vulnerable to manipulation. By forcing
AB 1060
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alcohol purchases to be made through a face-to-face
transaction from beginning to end, the state can ensure that
the necessary age verification steps are being taken to keep
alcohol out of the hands of minors.
2)Current Law . Current law states that every person who sells,
furnishes, gives, or causes to be sold, furnished, or given
away, any alcoholic beverage to any person under the age of 21
years is guilty of a misdemeanor. In addition, the law states
that except as provided by law, any person who violates
existing law by furnishing an alcoholic beverage, or causing
an alcoholic beverage to be furnished, to a minor shall be
punished by a fine of $1,000, no part of which shall be
suspended, and the person shall be required to perform not
less than 24 hours of community service during hours when the
person is not employed and is not attending school.
3)Opposition . Opponents argue that self-service checkout
stations have a lock-out or "freeze" mechanism to preclude any
customer from purchasing alcoholic beverages without clerk
intervention to verify age and finalize the purchase.
The California Grocers' Association states that "assisted
checkout stations are overseen by clerks who must abide by
California state law governing the sale of alcoholic
beverages. The clerks must either ask for identification from
individuals seeking to purchase alcoholic beverages or make a
determination that the customer is above the age of 21 and
'override' the system by keying in their clerk or other code
in order to complete the transaction."
4)Related Legislation . AB 523 (De La Torre) of 2007-08, an
urgency measure, would have prohibited off-sale general
licensees from selling alcoholic beverages using a
self-service checkout system. The bill failed passage in
Senate Committee on Governmental Organization.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081