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

Assembly Bill No. 183

CHAPTER 726

An act to add Section 23394.7 to the Business and Professions Code,

relating to alcoholic beverages.

[Approved by Governor October 9, 2011. Filed with

Secretary of State October 9, 2011.]

Legislative Counsel’s Digest

AB 183, Ma. Alcoholic beverage licenses: self-service checkouts.

The Alcoholic Beverage Control Act, administered by the Department

of Alcoholic Beverage Control, regulates the sale and distribution of

alcoholic beverages and the granting of licenses for the manufacture,

distribution, and sale of alcoholic beverages within the state.

This bill would prohibit off-sale licensees from selling alcoholic beverages

using a customer-operated checkout stand located on the licensee’s physical

premises. This bill makes findings and declarations regarding the effects of

allowing alcoholic beverages to be sold using self-service checkouts.

The Alcoholic Beverage Control Act provides that a violation of any of

its provisions for which another penalty or punishment is not specifically

provided is a misdemeanor. This bill would expand existing crimes by

imposing additional duties on a licensee under the act, thus, the bill would

impose a state-mandated local program.

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.

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

SECTION 1. The Legislature finds and declares that allowing customers

to purchase alcoholic beverages through self-service checkouts:

(a) Facilitates the purchase of alcoholic beverages by minors.

(b) Permits customers who are in an advanced state of intoxication to

purchase additional alcoholic beverages, in violation of state law.

(c) Allows for greater theft of alcoholic beverages, thereby depriving the

state of tax revenues.

SEC. 2. Section 23394.7 is added to the Business and Professions Code,

to read: 23394.7. No privileges under an off-sale license shall be exercised by

the licensee at any customer-operated checkout stand located on the

licensee’s physical premises.

SEC. 3. 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.