California Legislature—2013–14 Regular Session

Assembly Bill No. 1989

Introduced by Assembly Member Chesbro

February 20, 2014

An act to amend Sections 25658 and 25662 of, and to add Section 25668 to, the Business and Professions Code, relating to alcoholic beverage control.

LEGISLATIVE COUNSEL’S DIGEST

AB 1989, as introduced, Chesbro. Underage drinkers: students in winemaking and brewery science programs.

The Alcoholic Beverage Control Act provides that any person under 21 years of age who purchases any alcoholic beverage, who consumes any alcoholic beverage in any on-sale premises, or who possesses any alcoholic beverage on any street or highway or in any public place or any place open to the public is guilty of a misdemeanor. The Alcoholic Beverage Control Act provides that every person who sells, furnishes, gives, or causes to be sold, furnished, or given away any alcoholic beverage to any person under 21 years of age is guilty of a misdemeanor.

This bill would allow a qualified student to taste an alcoholic beverage and exempt the student and the qualified academic institution in which the student is enrolled from criminal prosecution under the above-described provisions, as provided. The bill would define the terms “qualified academic institution,” “qualified student,” and “taste” for the purposes of this provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25658 of the Business and Professions
Code is amended to read:

25658.  

(a) Except as otherwise provided in subdivision (c),
every person who sells, furnishes, gives, or causes to be sold,
furnished, or given away any alcoholic beverage to any person
under 21 years of age is guilty of a misdemeanor.

(b) Except as provided in Section 25667 begin insert or 25668 end insert , any person
under 21 years of age who purchases any alcoholic beverage, or
any person under 21 years of age who consumes any alcoholic
beverage in any on-sale premises, is guilty of a misdemeanor.

(c) Any person who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any
alcoholic beverage to, a person under 21 years of age, and the
person under 21 years of age thereafter consumes the alcohol and
thereby proximately causes great bodily injury or death to himself,
herself, or any other person, is guilty of a misdemeanor.

(d) Any on-sale licensee who knowingly permits a person under
21 years of age to consume any alcoholic beverage in the on-sale
premises, whether or not the licensee has knowledge that the person
is under 21 years of age, is guilty of a misdemeanor.

(e) (1) Except as otherwise provided in paragraph (2) or (3),
or Section 25667 begin insert or 25668 end insert , any person who violates this section
shall be punished by a fine of two hundred fifty dollars ($250), no
part of which shall be suspended, or the person shall be required
to perform not less than 24 hours or more than 32 hours of
community service during hours when the person is not employed
and is not attending school, or a combination of a fine and
community service as determined by the court. A second or
subsequent violation of subdivision (b), where prosecution of the
previous violation was not barred pursuant to Section 25667 begin insert or
25668 end insert , shall be punished by a fine of not more than five hundred
dollars ($500), or the person shall be required to perform not less
than 36 hours or more than 48 hours of community service during
hours when the person is not employed and is not attending school,
or a combination of a fine and community service as determined
by the court. It is the intent of the Legislature that the community
service requirements prescribed in this section require service at
an alcohol or drug treatment program or facility or at a county
coroner’s office, if available, in the area where the violation
occurred or where the person resides.

(2) Except as provided in paragraph (3), any person who violates
subdivision (a) by furnishing an alcoholic beverage, or causing an
alcoholic beverage to be furnished, to a minor shall be punished
by a fine of one thousand dollars ($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) Any person who violates subdivision (c) shall be punished
by imprisonment in a county jail for a minimum term of six months
not to exceed one year, by a fine of one thousand dollars ($1,000),
or by both imprisonment and fine.

(f) Persons under 21 years of age may be used by peace officers
in the enforcement of this section to apprehend licensees, or
employees or agents of licensees, or other persons who sell or
furnish alcoholic beverages to minors. Notwithstanding subdivision
(b), any person under 21 years of age who purchases or attempts
to purchase any alcoholic beverage while under the direction of a
peace officer is immune from prosecution for that purchase or
attempt to purchase an alcoholic beverage. Guidelines with respect
to the use of persons under 21 years of age as decoys shall be
adopted and published by the department in accordance with the
rulemaking portion of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code). Law enforcement-initiated minor
decoy programs in operation prior to the effective date of regulatory
guidelines adopted by the department shall be authorized as long
as the minor decoy displays to the seller of alcoholic beverages
the appearance of a person under 21 years of age. This subdivision
shall not be construed to prevent the department from taking
disciplinary action against a licensee who sells alcoholic beverages
to a minor decoy prior to the department’s final adoption of
regulatory guidelines. After the completion of every minor decoy
program performed under this subdivision, the law enforcement
agency using the decoy shall notify licensees within 72 hours of
the results of the program. When the use of a minor decoy results
in the issuance of a citation, the notification required shall be given
to licensees and the department within 72 hours of the issuance of
the citation. A law enforcement agency may comply with this
requirement by leaving a written notice at the licensed premises
addressed to the licensee, or by mailing a notice addressed to the
licensee.

(g) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 272 of the Penal Code
and Section 13202.5 of the Vehicle Code.

SEC. 2.  

Section 25662 of the Business and Professions Code
is amended to read:

25662.  

(a) Except as provided in Section 25667 begin insert or 25668 end insert , any
person under begin delete the age of 21 years end delete begin insert 21 years of age end insert who has any
alcoholic beverage in his or her possession on any street or highway
or in any public place or in any place open to the public is guilty
of a misdemeanor and shall be punished by a fine of two hundred
fifty dollars ($250) or the person shall be required to perform not
less than 24 hours or more than 32 hours of community service
during hours when the person is not employed or is not attending
school. A second or subsequent violation shall be punishable as a
misdemeanor and the person shall be fined not more than five
hundred dollars ($500), or required to perform not less than 36
hours or more than 48 hours of community service during hours
when the person is not employed or is not attending school, or a
combination of fine and community service as the court deems
just. It is the intent of the Legislature that the community service
requirements prescribed in this section require service at an alcohol
or drug treatment program or facility or at a county coroner’s
office, if available, in the area where the violation occurred or
where the person resides. This section does not apply to possession
by a person under begin delete the age of 21 years end delete begin insert 21 years of age end insert making a
delivery of an alcoholic beverage in pursuance of the order of his
or her parent, responsible adult relative, or any other adult
designated by the parent or legal guardian, or in pursuance of his
or her employment. That person shall have a complete defense if
he or she was following, in a timely manner, the reasonable
instructions of his or her parent, legal guardian, responsible adult
relative, or adult designee relating to disposition of the alcoholic
beverage.

(b) Unless otherwise provided by law, where a peace officer
has lawfully entered the premises, the peace officer may seize any
alcoholic beverage in plain view that is in the possession of, or
provided to, a person under begin delete the age of 21 years end delete begin insert 21 years of age end insert at
social gatherings, when those gatherings are open to the public,
10 or more persons under begin delete the age of 21 years end delete begin insert 21 years of age end insert are
participating, persons under begin delete the age of 21 years end delete begin insert 21 years of age end insert
are consuming alcoholic beverages, and there is no supervision of
the social gathering by a parent or guardian of one or more of the
participants.

Where a peace officer has seized alcoholic beverages pursuant
to this subdivision, the officer may destroy any alcoholic beverage
contained in an opened container and in the possession of, or
provided to, a person under begin delete the age of 21 years end delete begin insert 21 years of age end insert ,
and, with respect to alcoholic beverages in unopened containers,
the officer shall impound those beverages for a period not to exceed
seven working days pending a request for the release of those
beverages by a person 21 years of age or older who is the lawful
owner or resident of the property upon which the alcoholic
beverages were seized. If no one requests release of the seized
alcoholic beverages within that period, those beverages may be
destroyed.

(c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law, including, but not limited to, Section 13202.5 of the Vehicle
Code.

SEC. 3.  

Section 25668 is added to the Business and Professions
Code, to read:

25668.  

(a) A qualified student may taste an alcoholic beverage,
and both the student and the qualified academic institution in which
the student is enrolled shall not be subject to criminal prosecution
under subdivision (a) of Section 25658 and subdivision (a) of
Section 25662, if all of the following criteria are met:

(1) The qualified student tastes the alcoholic beverage while
enrolled in a qualified academic institution.

(2) The qualified academic institution has established an
Associate’s degree or Bachelor’s degree program in enology or
brewing that is designed to train industry professionals in the
production of wine or beer.

(3) The qualified student tastes the alcoholic beverage for
educational purposes as part of the instruction in a course required
for an Associate’s degree or Bachelor’s degree.

(4) The alcoholic beverage remains in the control of an
authorized instructor of the qualified academic institution who is
at least 21 years of age.

(b) Nothing in this section shall be construed to allow a student
under 21 years of age to receive an alcoholic beverage unless it is
delivered as part of the student’s curriculum requirements.

(c) For the purposes of this section, the following terms have
the following meanings:

(1)  “Qualified academic institution” means a public college or
university accredited by a commission recognized by the United
States Department of Education.

(2)  “Qualified student” means a student enrolled in a qualified
academic institution who is at least 18 years of age.

(3) “Taste” means to draw an alcoholic beverage into the mouth,
but does not include swallowing or otherwise consuming the
alcoholic beverage.