Bills

SB 495: Alcoholic beverages: deliveries: off-sale retail licenses and consumer delivery service permits.

Session Year: 2023-2024
House: Senate
Latest Version Date: 2023-05-18

Current Status:

Failed

(2024-08-15: August 15 hearing: Held in committee and under submission.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered.

This bill would establish a new license type for a consumer delivery service permit (Type 95) and would set an application fee of $20,000 and an annual renewal fee of $1,500. The bill would authorize a licensee with off-sale retail privileges, or a consumer delivery service permitholder delivering orders on their behalf, to deliver alcoholic beverages to consumers away from the licensed premises if specified requirements are met. The bill would not apply these requirements to delivery by common carrier or pursuant to specified provisions of law.

This bill would require, among other things, that the licensee be authorized to sell alcoholic beverages for off-sale consumption and have the exclusive authority to determine which alcoholic beverages are available for delivery and set the prices for these beverages. The bill would require a licensee to be responsible for accepting or rejecting the sale and delivery order and would prohibit a licensee from accepting a delivery order unless, before the sale, the purchaser affirms 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, commencing prohibit a consumer delivery service, as defined, from delivering any alcoholic beverages on behalf of a licensee with off-sale retail privilege without holding a consumer delivery service permit and would declare violation of that prohibition a misdemeanor. Commencing July 1, 2024, the bill would authorize the Department of Alcoholic Beverage Control to issue a consumer delivery service permit to a service that satisfies specified requirements. requirements, including, among other things, that the service certifies under penalty of perjury that its delivery drivers will receive specified training prior to delivering any alcoholic beverage. Because a violation of the prohibition on delivery without a permit would be a crime under the Alcohol Beverage Control Act and because the bill would expand the scope of the existing crime of perjury, this bill would impose a state-mandated local program.

This bill, in context of the authorization described above, would exempt a licensee from discipline for the 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 or a licensee with off-sale retail privileges that violates its provisions.

Existing law, until December 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to exercise additional off-sale rights and privileges, subject to specified requirements such as a requirement that the sale also include a meal. In this regard, existing law requires that the consumer that places an order from the licensee pick up the order in person.

This bill would provide that a consumer may pick up an order directly from the above licensees or the beverages may be delivered to the consumer as described in paragraph (1). The bill would eliminate the requirement that the sale include a meal. The bill would also extend these additional off-sale privileges to holders of an on-sale general license.

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.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 23320 of the Business and Professions Code, as amended by Section 1.5 of Chapter 468 of the Statutes of 2022, is amended to read:23320.

(a)An applicant for a new permanent license, which shall not include duplicate licenses, except as provided in paragraph (4), shall accompany the application with the application fee as specified in this division:

(1)The license application fee for a new permanent license shall be nine hundred five dollars ($905), except as otherwise specified.

(2)Applicants for a new permanent license of the following types shall accompany the application with a fee of fifteen thousand eight hundred thirty-five dollars ($15,835):

(A)Off-sale general (Type 21).

(B)On-sale general - eating place (Type 47), on-sale general public premises (Type 48), special on-sale general (Type 57), special on-sale general for-profit theater (Type 71 and Type 72), brewpub-restaurant (Type 75), caterers (Type 83), neighborhood restricted special on-sale (Type 87), special on-sale general license for historic cemetery (Type 88), music venue license (Type 90), and special use (Type 99).

(3)Applicants for a new permanent license of the following types shall accompany the application with a fee as indicated:

(A)Twelve thousand dollars ($12,000) for a wine, food and art cultural museum (Type 78).

(B)Six thousand dollars ($6,000) for an on-sale general - eating place on public property (Type 47), for an on-sale general restrictive service (Type 70), and for a music venue on public property (Type 90).

(C)Two thousand dollars ($2,000) for an on-sale general dockside (Type 62).

(D)One thousand dollars ($1,000) for a special on-sale general theater (Type 64).

(E)One hundred dollars ($100) for an out-of-state beer manufacturer certificate (Type 26), for a distilled spirits shipper certificate (Type 28), and for a direct shipper permit (Type 82).

(F)One hundred dollars ($100) for a still (Type 6).

(4)Applicants for a Duplicate Type 02 license shall accompany the application with a fee of four hundred forty dollars ($440).

(5)Applicants for a new permanent consumer delivery service permit (Type 95) shall accompany the application with a fee of twenty thousand dollars ($20,000).

(b)The following are the types of licenses and the annual fees to be charged therefor:

(1)(A)For a Type 01 - Beer manufacturer that produces more than 60,000 barrels per year: the fee through September 30, 2019, is one thousand five hundred thirty-one dollars ($1,531) and the fee on and after October 1, 2019, is one thousand eight hundred ninety dollars ($1,890).

(B)For a Duplicate Type 01: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(2)(A)For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(B)For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(C)For a Type 02 - Winegrower (to be computed only on the gallons produced); 20,000 - 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(D)For a Type 02 - Winegrower (to be computed only on the gallons produced); 100,000 - 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(E)For a Type 02 - Winegrower (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Type 02 - Winegrower (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(G)For a Duplicate Type 02: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(3)(A)For a Type 03 - Brandy manufacturer: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(B)For a Duplicate Type 03: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(4)For a Type 04 - Distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(5)For a Type 05 - Distilled spirits manufacturers agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(6)For a Type 06 - Still: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(7)For a Type 07 - Rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(8)For a Type 08 - Wine rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(9)For a Type 09 - Beer and wine importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(10)For a Type 10 - Beer and wine importers general license: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(11)For a Type 11 - Brandy importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(12)For a Type 12 - Distilled spirits importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(13)For a Type 13 - Distilled spirits importers general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(14)(A)For a Type 14 - Public warehouse: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(B)For a Duplicate Type 14: the fee through September 30, 2019, is one dollar ($1) and the fee on and after October 1, 2019, is twenty-five dollars ($25).

(15)For a Type 15 - Customs broker: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(16)For a Type 16 - Wine broker: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(17)For a Type 17 - Beer and wine wholesaler: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(18)For a Type 18 - Distilled spirits wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(19)For a Type 19 - Industrial alcohol dealer: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(20)For a Type 20 - Off-sale beer and wine: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(21)For a Type 21 - Off-sale general: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(22)(A)For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(B)For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(C)For a Type 22 - Wine blender (to be computed only on the gallons produced); 20,000 gallons - 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(D)For a Type 22 - Wine blender (to be computed only on the gallons produced); 100,000 - 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(E)For a Type 22 - Wine blender (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Type 22 - Wine blender (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(23)(A)For a Type 23 - Small beer manufacturer that produces 60,000 barrels or less a year: the fee through September 30, 2019, is one hundred eighty-four dollars ($184) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(B)For a Duplicate Type 23: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(24)For a Type 24 - Distilled spirits rectifiers general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(25)For a Type 25 - California brandy wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(26)For a Type 26 - Out-of-state beer manufacturer certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(27)For a Type 27 - California winegrowers agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).

(28)For a Type 28 - Out-of-state distilled spirits shipper certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(29)For a Type 29 - Winegrape grower storage: the fee through September 30, 2019, is ninety dollars ($90) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(30)For a Type 40 - On-sale beer: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(31)For a Type 41 - On-sale beer and wine eating place: the fee through September 30, 2019, is three hundred eighty-four dollars ($384) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(32)For a Type 42 - On-sale beer and wine pub premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(33)For a Type 43 - On-sale beer and wine train: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(34)For a Type 44 - On-sale beer and wine fishing party boat: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(35)For a Type 45 - On-sale beer and wine boat: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(36)For a Type 46 - On-sale beer and wine airplane: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(37)(A)For a Type 47 - On-sale general eating place in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 47 - On-sale general eating place in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 47 - On-sale general eating place in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 47 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 47 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 47 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(38)(A)For a Type 48 - On-sale general public premises in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 48 - On-sale general public premises in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 48 - On-sale general public premises in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 48 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 48 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 48 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(39)(A)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(B)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is four hundred ninety-four dollars ($494) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(C)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is seven hundred forty-one dollars ($741) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(D)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(E)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(F)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(G)For a Type 49 - On-sale general - seasonal business in all other localities per 3 months: the fee through September 30, 2019, is one hundred fifty-three dollars ($153) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(H)For a Type 49 - On-sale general - seasonal business in all other localities per 6 months: the fee through September 30, 2019, is three hundred six dollars ($306) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(I)For a Type 49 - On-sale general - seasonal business in all other localities per 9 months: the fee through September 30, 2019, is four hundred fifty-eight dollars ($458) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(J)For a Duplicate Type 49 in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(K)For a Duplicate Type 49 in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(L)For a Duplicate Type 49 in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(M)For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 3 months: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred twenty-five dollars ($125).

(N)For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 per 6 months: the fee through September 30, 2019, is two hundred seven dollars ($207) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).

(O)For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 9 months: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is three hundred seventy-five dollars ($375).

(P)For a Duplicate Type 49 in all other localities per 3 months: the fee through September 30, 2019, is eighty-one dollars ($81) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(Q)For a Duplicate Type 49 in all other localities per 6 months: the fee through September 30, 2019, is one hundred sixty-six dollars ($166) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(R)For a Duplicate Type 49 in all other localities per 9 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(40)(A)For a Type 50 - On-sale general license for bona fide clubs in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(B)For a Type 50 - On-sale general license for bona fide clubs in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(C)For a Type 50 - On-sale general license for bona fide clubs in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(41)(A)For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(B)For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(C)For a Type 51 - Club license (issued under Article 4 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(42)(A)For a Type 52 - Veterans club license (issued under Article 5 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(B)For a Type 52 - Veterans club license (issued under Article 5 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(C)For a Type 52 - Veterans club license (issued under Article 5 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(43)(A)For a Type 53 - On-sale general train: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(B)For a Duplicate Type 53: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(44)For a Type 54 - On-sale general boat: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(45)(A)For a Type 55 - On-sale general license for airplanes: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).

(B)For a Duplicate Type 55 for air common carriers: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(46)(A)For a Type 56 - On-sale general license for vessels of more than 1,000 tons burden: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(B)For a Duplicate Type 56: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(47)(A)For a Type 57 - Special on-sale general in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 57 - Special on-sale general in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 57 - Special on-sale general in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 57 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 57 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 57 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(48)(A)For a Type 58 - Caterers permit; on-sale general or on-sale beer and wine: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(B)For a Type 58 - Caterers permit; club in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(C)For a Type 58 - Caterers permit; club in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(D)For a Type 58 - Caterers permit; club in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(49)(A)For a Type 59 - On-sale beer and wine seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).

(B)For a Type 59 - On-sale beer and wine seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).

(50)(A)For a Type 60 - On-sale beer seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).

(B)For a Type 60 - On-sale beer seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).

(51)For a Type 61 - On-sale beer public premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(52)For a Type 62 - On-sale general license dockside: the fee through September 30, 2019, is six hundred nine dollars ($609) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(53)For a Type 63 - On-sale special beer and wine hospital: the fee through September 30, 2019, is ninety-six dollars ($96) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(54)(A)For a Type 64 - Special on-sale general theater in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(B)For a Type 64 - Special on-sale general theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(C)For a Type 64 - Special on-sale general theater in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(55)For a Type 65 - Special on-sale beer and wine symphony: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(56)For a Type 66 - Controlled access cabinet: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(57)For a Type 67 - Bed and breakfast inn; per room: the fee through September 30, 2019, is eight dollars ($8) and the fee on and after October 1, 2019, is ten dollars ($10).

(58)(A)For a Type 68 - Portable bar in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(B)For a Type 68 - Portable bar in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(C)For a Type 68 - Portable bar in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(59)For a Type 69 - Special on-sale beer and wine theater: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(60)(A)For a Type 70 - On-sale general restrictive service in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 70 - On-sale general restrictive service in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 70 - On-sale general restrictive service in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(61)(A)For a Type 71 - Special on-sale general for-profit theater in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 71 - Special on-sale general for-profit theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 71 - Special on-sale general for-profit theater in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 71 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 71 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 71 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(62)(A)For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 72 - Special on-sale general for-profit theater, Napa County in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 72 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 72 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 72 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(63)For a Type 73 - Special nonprofit sales: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).

(64)For a Type 74 - Craft distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(65)(A)For a Type 75 - Brewpub-restaurant in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 75 - Brewpub-restaurant in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 75 - Brewpub-restaurant in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 75 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 75 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 75 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(66)(A)For a Type 76 - On-sale general maritime museum: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).

(B)For a Duplicate Type 76: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(67)For a Type 77 - Event permit: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).

(68)(A)For a Type 78 - On-sale general wine, food and art cultural museum in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 78 - On-sale general wine, food and art cultural museum in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 78 - On-sale general wine, food and art cultural museum in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 78 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 78 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 78 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(69)For a Type 79 - Certified farmers market: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(70)For a Type 80 - Special on-sale general; per room: the fee through September 30, 2019, is seventeen dollars ($17) and the fee on and after October 1, 2019, is twenty dollars ($20).

(71)For a Type 81 - Wine sales event permit: the fee through September 30, 2019, is fifty dollars ($50) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(72)For a Type 82 - Direct shipper permit: the fee through September 30, 2019, is ten dollars ($10) and the fee on and after October 1, 2019, is twenty-five dollars ($25).

(73)(A)For a Type 83 - On-sale general caterers permit in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 83 - On-sale general caterers permit in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 83 - On-sale general caterers permit in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(74)For a Type 84 - Certified farmers market beer: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).

(75)For a Type 85 - Limited off-sale wine license: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(76)For a Type 86 - Instructional tasting license: the fee through September 30, 2019, is three hundred dollars ($300) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).

(77)(A)For a Type 87 - Neighborhood restricted special on-sale in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 87 - Neighborhood restricted special on-sale in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 87 - Neighborhood restricted special on-sale in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 87 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 87 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 87 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(78)(A)For a Type 88 - Special on-sale general license for historic cemetery in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).

(B)For a Type 88 - Special on-sale general license for historic cemetery in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).

(C)For a Type 88 - Special on-sale general license for historic cemetery in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(D)For a Duplicate Type 88 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).

(E)For a Duplicate Type 88 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).

(F)For a Duplicate Type 88 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).

(79)For a Type 90 - Music venue license in cities of 40,000 population or over: the fee is one thousand one hundred ninety dollars ($1,190).

(80)For a Type 90 - Music venue license in cities of less than 40,000, but more than 20,000 population: the fee is nine hundred seventy dollars ($970).

(81)For a Type 90 - Music venue license in all other localities: the fee is seven hundred fifty-five dollars ($755).

(82)For a Type 95 - Consumer delivery service permit: the fee is one thousand five hundred dollars ($1,500).

(c)(1)In addition to the application fee for a new permanent license as specified in subdivision (a), an annual renewal fee, as set forth in subdivision (b), shall accompany the application. The application fee shall be nonrefundable up to the amount of the application fee in paragraph (1) of subdivision (a), as adjusted by subdivisions (d) and (e). The annual fee provided at the time of application shall allow the license to be active for one year from the date of issuance and shall be refundable only in the event that the license application is withdrawn or denied.

(2)If an application includes multiple new permanent licenses to be issued at the same premises, the application fee shall be required for only one of the applied-for licenses and an application fee shall not be charged for the remainder of the licenses. In situations involving different license types, the application fee to be paid shall be the highest such fee as specified in subdivision (a). If an application for a new permanent license is combined with an application for license transfer pursuant to Section 24072 at the same premises, only the transfer application fee or the new permanent license application fee shall be required, whichever is highest. Notwithstanding this provision, the annual renewal fee required pursuant to this subdivision shall be payable for each license.

(d)Beginning January 1, 2021, and each January 1 thereafter, the department may adjust each of the fees specified in this section by increasing each fee by an amount not to exceed the percentage that the California Consumer Price Index (California Department of Industrial Relations, Division of Labor Statistics and Research, All Items, Base Period 1982-84=100) for the preceding August 2019, and each August annually thereafter, has increased under the same index over the month of August 2018, which shall be the base period. The department shall not adjust fees pursuant to this section if the balance of the Alcohol Beverage Control Fund at the end of the prior fiscal year is greater than one-fourth of the departments appropriation from the Alcohol Beverage Control Fund for the current fiscal year. No fee shall be decreased pursuant to this adjustment below the fee currently in effect on each December 31. If the accumulation of percentage increases is greater than 8 percent, the department shall not adjust fees without the Legislatures approval through the budget process. In the event that this index is discontinued, the department shall consult with the Department of Finance to convert the increase calculations to an index then available. When approved by the Department of Finance, the new index shall replace the discontinued index.

(e)When fees are adjusted pursuant to subdivision (d), the department shall calculate the percentage increase as specified in that subdivision and shall apply this increase to each fee. The increase to each fee shall be rounded to the nearest whole five dollars ($5). The adjusted fee list, to be effective on January 1 of the upcoming year, shall be published by the department on its internet website and transmitted in writing to the Chairperson of the Joint Legislative Budget Committee no later than January 10 of the year before it becomes effective. This adjustment of fees and publication of the adjusted fee list is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 2.Section 23394.6 is added to the Business and Professions Code, to read:23394.6.

(a)A licensee with off-sale retail privileges, or a consumer delivery service permitholder delivering orders on their behalf, may deliver an alcoholic beverage to a consumer away from the licensed premises only if all of the following requirements are met:

(1)The licensee shall be authorized to sell the alcoholic beverage for off-sale consumption. The licensee shall have the exclusive authority to determine which alcoholic beverages are available for delivery and set the prices for these beverages.

(2)The delivery shall be made by the licensee or on behalf of the licensee by the holder of a consumer delivery service permit.

(3)The licensee shall be responsible for accepting or rejecting the sale and delivery order, and the purchaser shall pay the licensee before delivery, directly or through a payment processor. A licensee shall not accept a delivery order unless, before the sale of the alcoholic beverages, the purchaser affirms that both the purchaser and the recipient of the order are not under 21 years of age.

(4)Any alcoholic beverage sold for delivery shall be removed from the licensed premises only during the hours in which the licensee is permitted to sell alcoholic beverages, and the delivery shall be completed no later than 60 minutes after the time the licensee is required to end sales of alcoholic beverages.

(5)The delivery shall be made by a person who is at least 21 years of age. The person to whom the alcoholic beverages are delivered shall be at least 21 years of age. At the time of delivery, the age and identity of the recipient shall be verified by the person making the delivery.

(6)A person making a delivery by motor vehicle shall maintain and carry a valid drivers license in accordance with Division 6 (commencing with Section 12500) of the Vehicle Code, evidence of registration in accordance with Division 3 (commencing with Section 4000) of the Vehicle Code, and evidence of financial responsibility in effect for the vehicle in accordance with Division 7 (commencing with Section 16000) of the Vehicle Code.

(7)The delivery shall be made by a person who has completed a responsible beverage service training course for delivery personnel, using materials approved by the department, that covers the following subjects:(A)The social impact of alcohol.(B)The impact of alcohol on the body.(C)State law and regulations relating to alcoholic beverage control.(D)Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated persons.(8)

(7)All alcoholic beverages delivered pursuant to this section shall be packaged in a manner that clearly and conspicuously identifies that the delivery contains alcoholic beverages.

(9)

(8)If the licensee uses a consumer delivery service to fulfill the delivery of orders containing alcoholic beverages, the following additional requirements shall apply:

(A)The service shall be provided pursuant to a valid, written contract between the licensee and the consumer delivery service that acknowledges the requirements of this section.

(B)The licensee shall disclose to the consumer delivery service if an order to be delivered contains alcoholic beverages.

(b)(1)A consumer delivery service shall not deliver any alcoholic beverages on behalf of a licensee with off-sale retail privileges unless the consumer delivery service has a permit issued by the department pursuant to this section. A consumer delivery service is any person who holds themselves out in the offering of a service to deliver alcoholic beverages on behalf of a licensee with off-sale retail privileges and enters into an arrangement of any form with the licensee for the purpose of delivering alcoholic beverages sold by the licensee.

(2)On and after July 1, 2024, the department may issue a consumer delivery service permit to a service that satisfies both all of the following:

(A)The consumer delivery service pays the required application and annual fee, as specified in Section 23320.

(B)The owners and officers of the service have not been convicted of any crimes of moral turpitude, as that term is applied to licensees under subdivision (d) of Section 24200.

(C)The consumer delivery service certifies under penalty of perjury on its application for a permit that, prior to delivery of any alcoholic beverage, the driver will receive training that covers the following subjects, for which the permitholder shall retain records for purposes of demonstrating compliance:

(i)The social impact of alcohol.

(ii)The impact of alcohol on the body.

(iii)State law and regulations relating to alcoholic beverage control.

(iv)Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated persons.

(c)(1)A licensee is not subject to discipline for the delivery or furnishing of an alcoholic beverage to an obviously intoxicated person, if the delivery of the alcoholic beverage is made by the holder of a consumer delivery service permit acting for the licensee and the licensee did not have notice that the person was obviously intoxicated at or before the time that the consumer delivery service picked up the order.

(2)A licensee is not subject to discipline for the delivery or furnishing of an alcoholic beverage by a consumer delivery service pursuant to the authorization granted by this section to a person under 21 years of age if all of the following conditions are met:

(A)Before the licensee accepts the order, the purchaser affirms that both the purchaser and the recipient are not under 21 years of age.

(B)The licensee packages the alcoholic beverages in a manner that clearly and conspicuously identifies that the delivery contains alcoholic beverages.

(C)The licensee identifies to the consumer delivery service that the order to be delivered contains alcoholic beverages.

(d)(1)In addition to any other administrative penalties that may be imposed under this division, the department may impose the following administrative penalties against the holder of a consumer delivery service permit or a licensee with off-sale retail privileges who violates any provision of this section:

(A)A fine of up to five thousand dollars ($5,000) for a first violation.

(B)A fine of up to seven thousand five hundred dollars ($7,500) for a second violation within 12 months of a previous violation.

(C)A fine of up to fifteen thousand dollars ($15,000) for a third violation within 12 months of a previous violation, or for any subsequent violation thereafter.

(2)The permitholder or licensee shall not pass any of these fines on to the delivery drivers.

(3)This subdivision shall not be construed to limit the departments authority and discretion to suspend or revoke a consumer delivery service permit when the circumstances warrant that discipline.

(4)Any fines collected by the department pursuant to this subdivision shall be treated in the same manner as payments in compromise pursuant to Section 23096 or 25761.

(5)A violation of this section shall not be a crime.

(5)The delivery of any alcoholic beverages on behalf of a licensee with off-sale retail privilege without holding a consumer delivery service permit as required by subdivision (b) is a misdemeanor pursuant to Section 25617.

(e)This section does not authorize a consumer delivery service to sell alcoholic beverages or to otherwise exercise license privileges, including being compensated based upon a percentage of the sale price of alcoholic beverages.

(f)This section does not apply to the delivery of alcoholic beverages by common carrier, or pursuant to Section 23661.3.

(g)This section shall not modify or extinguish the requirements imposed by Section 25605.

SEC. 3.Section 23401.5 of the Business and Professions Code is amended to read:23401.5.

(a)Notwithstanding any other law to the contrary, the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, or a holder of an on-sale general license may exercise the following rights and privileges subject to the requirements of this section:

(1)The licensee may sell the distilled spirits for off-sale consumption for which their license permits on-sale consumption provided the beverages are in manufacturer-prepackaged containers and are either ordered and picked up by the consumer or delivered in compliance with Section 23394.6.

(2)In addition to the privilege provided by paragraph (1), the licensee may 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 the following conditions are met:

(A)The alcoholic beverages are 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.

(B)Wine is sold only in single-serve containers. For purposes of this subparagraph, single-serve containers means containers that have a standard of fill between 187 milliliters and 355 milliliters that is authorized for wine under Section 4.72 of Title 27 of the Code of Federal Regulations.

(C)Mixed drinks and cocktails sold for off-sale consumption pursuant to the authorization granted by this section shall not exceed four and one-half ounces of distilled spirits.

(D)The container is clearly and conspicuously labeled or otherwise identified as containing an alcoholic beverage.

(E)(i)The following warning sign is posted in a manner that notifies consumers of restrictions regarding open container laws:

Alcoholic beverages that are packaged by this establishment are open containers and shall not be transported in a motor vehicle except in the vehicles trunk or, if there is no trunk, the containers shall be kept in some other area of the vehicle that is not normally occupied by the driver or passengers. This does not include a utility compartment or glove compartment (See Vehicle Code Section 23225). Additionally, these beverages shall not be consumed in public or in any other area where open containers are prohibited by law.

(ii)For purposes of this subparagraph, post means to prominently display on the premises, post online, or present in whatever manner is necessary to ensure that the consumer purchasing the beverages to which this section applies is given notice of this warning.

(3)Nothing in this section shall require a licensee to sell alcoholic beverages for off-sale consumption whether or not the alcoholic beverage is in a manufacturer-sealed prepackaged container or otherwise.

(b)Before exercising the privileges authorized in paragraph (2) of subdivision (a), the licensee shall notify the department in writing of its intent to do so.

(c)Notwithstanding any law to the contrary, the department may at any time impose conditions on a license restricting or prohibiting the licensee from selling or furnishing any alcoholic beverage pursuant to this Section.

(1)Any conditions imposed pursuant to this subdivision shall be based upon a showing of good cause. Good cause includes, but is not limited to, a written request, including the reason for the restriction or prohibition, from a local law enforcement agency or local governing body, or its designated subordinate officer or agency.

(2)A licensee may petition the department to modify or remove a condition within 10 days following imposition of the condition.

(A)A petition under this paragraph shall be subject to the same fee as provided in Section 23803.

(B)If the department denies the licensees petition, the licensee may request a hearing, which shall be conducted in the same manner as provided in Section 23805.

(C)In any hearing pursuant to this paragraph, the licensee shall have the burden to establish that the condition is unreasonable or that no good cause exists for its imposition. The condition shall remain in effect during any appeal of its imposition.

(d)Nothing in this section shall preclude privileges authorized pursuant to Sections 23401 and 23661.3.

(e)Nothing in this section shall authorize any person to operate a location in violation of Section 25604.

(f)This section shall be operative until December 31, 2026, and as of that date is repealed.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.