SB 973: Alcoholic beverages: annual license fees: surcharge: distilled spirits manufacturers: free or discounted rides.

(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. Existing law prescribes the annual fees to be charged for each type of license. Existing law requires the department to collect an annual surcharge of $5 in addition to these fees, for deposit in the Motor Vehicle Account in the State Transportation Fund, to be used for the Department of the California Highway Patrols Designated Driver Program upon appropriation.

This bill would increase this surcharge to $10 and would require the Department of California Highway Patrol to prioritize the expenditure of funds received from the imposition of the surcharge for the California Highway Patrols Designated Driver Programs outreach and education activities in, and adjacent to, individual events or venues, as specified.

(2)Existing law, the Alcoholic Beverage Control Act, prohibits a licensee from giving a premium, gift, or free goods in connection with the sale and distribution of any alcoholic beverage, except as provided. Existing law authorizes a beer manufacturer, as defined, to provide consumers free or discounted rides, as specified, for the purpose of furthering public safety, but prohibits the beer manufacturer from conditioning a free or discounted ride upon the purchase of an alcoholic beverage. Existing law prohibits a beer and wine wholesaler from directly or indirectly underwriting, sharing in, or contributing to, the costs of free or discounted rides or from serving as an agent of a beer manufacturer to provide free or discounted rides to consumers. Unless otherwise specified, a violation of the act is a misdemeanor.

This bill would also authorize a distilled spirits manufacturer, as defined, to provide consumers free or discounted rides, as specified, for the purpose of furthering public safety, and would prohibit the distilled spirits manufacturer from conditioning a free or discounted ride upon the purchase of an alcoholic beverage. The bill would prohibit a distilled spirits importer general, as described, from directly or indirectly underwriting, sharing in, or contributing to, the costs of free or discounted rides or from serving as an agent of a distilled spirits manufacturer to provide free or discounted rides to consumers.

By expanding the scope of an existing crime, 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.

This bill would incorporate additional changes to Section 25600 of the Business and Professions Code proposed by AB 3264 to be operative only if this bill and AB 3264 are enacted and this bill is enacted last.