SB 389

  • California Senate Bill
  • 2021-2022 Regular Session
  • Introduced in Senate Feb 11, 2021
  • Passed Senate May 10, 2021
  • Assembly
  • Governor

Alcoholic beverages: retail off-sale license: retail off-sale delivery: retail on-sale license: off-sale privileges.

Abstract

(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Under existing law, a retail package off-sale beer and wine license authorizes the sale, to consumers and not for resale, of beer in containers, and wine in packages, as specified, for consumption off the premises where sold. Existing law prohibits the exercise of off-sale license privileges at a customer-operated checkout stand located on the licensee's physical premises. This bill would authorize a licensee with off-sale retail privileges to deliver alcoholic beverages to consumers away from the licensed premises if specified requirements are met. The bill would except common carries from the application of its provisions. The bill would require, among other things, that the licensee be authorized to sell alcoholic beverages for off-sale consumption, to determine which alcoholic beverages are available for delivery, and to set the prices for these beverages. The bill would require a licensee to be responsible for accepting or rejecting the delivery order and, prior to acceptance, the purchaser to affirm that both the purchaser and the recipient are not under 21 years of age. The bill would prescribe requirements for consumer delivery services operating in this context and would require the Department of Alcoholic Beverage Control to issue a consumer delivery service permit to a service that satisfies specified requirements. The bill, in context of the authorization described above, would exempt a licensee from discipline for the sale, delivery, or furnishing of an alcoholic beverage to an obviously intoxicated person, or to a person under 21 years of age, if certain requirements are met. The bill would authorize the Department of Alcoholic Beverage Control to impose administrative penalties, as specified, against the holder of a consumer delivery service permit that violates its provisions. (2) Existing law authorizes a person holding an on-sale general license, with respect to beer and wine, and any on-sale license, with respect to the particular beverage or beverages mentioned in the license, to exercise the rights and privileges granted by an off-sale beer and wine license. This bill would authorize the holder of a retail on-sale license or a licensed beer manufacturer, licensed wine manufacturer, or craft distiller that operates a bona fide eating place to exercise additional off-sale rights and privileges, subject to specified requirements. In this regard, the bill would authorize the licensee to sell alcoholic beverages for off-sale consumption for which their license permits on-sale consumption if the beverages are in manufacturer prepackaged containers. Additionally, the bill would authorize a licensee to sell the alcoholic beverages, except beer, for off-sale consumption for which their license permits on-sale consumption when the beverages are not in manufacturer prepackaged containers if specified conditions are met, including, among other things, that the beverages be packaged in a container with a secure lid or cap sealed in a manner designed to prevent consumption without removal of the lid or cap by breaking the seal.

Bill Sponsors (4)

Votes


Actions


Jul 15, 2021

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 21. Noes 0.) (July 12).

Jun 15, 2021

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on G.O.

May 20, 2021

Assembly

Referred to Com. on G.O.

  • Referral-Committee
Com. on G.O.

May 10, 2021

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 36. Noes 0. Page 1055.) Ordered to the Assembly.

May 05, 2021

Senate

Read second time. Ordered to third reading.

May 04, 2021

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

Apr 23, 2021

Senate

Set for hearing May 3.

Apr 21, 2021

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Apr 20, 2021

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0. Page 856.) (April 20).

Apr 08, 2021

Senate

Set for hearing April 20.

Apr 06, 2021

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on G.O.

Feb 25, 2021

Senate

Referred to Com. on G.O.

  • Referral-Committee
Com. on G.O.

Feb 22, 2021

Senate

Art. IV. Sec. 8(a) of the Constitution dispensed with.

Senate

Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

Senate

(Ayes 32. Noes 4.)

Feb 12, 2021

Senate

From printer. May be acted upon on or after March 14.

Feb 11, 2021

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB389 HTML
02/11/21 - Introduced PDF
04/06/21 - Amended Senate PDF
04/21/21 - Amended Senate PDF
06/15/21 - Amended Assembly PDF

Related Documents

Document Format
04/16/21- Senate Governmental Organization PDF
05/05/21- Sen. Floor Analyses PDF
07/09/21- Assembly Governmental Organization PDF

Sources

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