BILL ANALYSIS
Bill No: SB
1696
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Ralph C. Dills, Chair
1997-98 Regular Session
Staff Analysis
SB 1696 Author: Alpert
As Amended: March 31, 1998
Hearing Date: April 14, 1998
Consultant: Steve Hardy
SUBJECT
Purchase of Alcoholic Beverages by Minors
DESCRIPTION
1. SB 1696 would provide that after the completion of
every minor decoy program performed as specified, the law
enforcement agency using the decoy must notify licensees
of the results of the program.
2. Declares legislative intent that minor decoy programs
should not be the exclusive enforcement program. Equal
emphasis and resources should be placed on apprehending
and prosecuting underage minors attempting to purchase
alcohol as specified.
3. Allows an alcoholic beverage licensee to eliminate the
effect of a sale to a minor of an alcoholic beverage once
every 36 months, if the licensee does all of the
following to prevent future sales to a minor:
a) Trains all employees selling or serving alcoholic
beverages at the licensed premises as specified.
b) Installs electronic scanning equipment that will
read California driver's licenses or official
identification cards, as well as train employees to
properly use this equipment. Any person who appears
to be under the age of 30 will be checked.
c) Implements a procedure to periodically test
employees of the premises by using persons over the
age of 21, but under 25, to purchase alcoholic
beverages in order to determine if clerks or servers
are properly checking identification.
4. Requires ABC to allow a licensee to avoid any penalties
for one sale of alcoholic beverages to a minor during a
36 month period, if the licensee has satisfactorily
complied with the above requirements as specified.
5. Contains findings and declarations that certain
policies, procedures, and equipment have been
demonstrated to be effective in preventing the sale of
alcohol to minors, and further, that licensees should be
motivated to implement policies, procedures, and
equipment that will prevent sales of alcoholic beverages
to minors.
PRIOR/RELATED LEGISLATION
AB 2029 (Keeley) 1998 Session. Would provide felony
sanctions against any person who purchases any alcoholic
beverage for a minor as specified. (To be heard in Assembly
Public Safety Committee 4/14/98)
BACKGROUND
Currently, under the Alcoholic Beverage Control Act, it is
a misdemeanor for any person to sell, furnish, give, or
cause to be sold, furnished, or given away, any alcoholic
beverage to a person under the age of 21. Additionally,
persons under the age of 21 can be used by peace officers
in the enforcement of this law to apprehend licensees, or
employees or agents of licensees, who sell alcoholic
beverages to minors.
The author is carrying this measure on behalf of the
California Retailers Association. The Association reports
that current law offers no flexibility for responsible
licensees who make an inadvertent sale of alcohol to a
minor decoy. This bill offers the possibility of
mitigating on minor decoy violation or strike each 36
months, should a violation occur.
SB 1696 is modeled after the Department of Motor Vehicles
program that allows California drivers the opportunity to
erase a moving violation from their license "point count"
by attending traffic safety school. Under provisions of
this bill, alcoholic beverage licensees can mitigate one
violation every three years by training their employees
with an ABC approved program, and installing electronic
equipment to scan or read California Drivers' licenses or
official identification. In addition, licensees are
required to conduct their own "sting" programs to test
their employees on full compliance.
The Association believes that while not compromising on the
policy of unrelenting enforcement of problem liquor
outlets, SB 1696 offers creative alternatives to
conscientious licensees, willing to invest time and money
into training their employees on the proper sale of
alcoholic beverages; the combination of training, testing
and electronic scanning will result in a formidable safety
net against the unintentional sales to minors.
Other supporters feel that vigorous enforcement of minors
should continue, and also feel that SB 1696 will allow ABC
a greater opportunity to view licensees individually not as
criminals, but as an important component in correcting
problems when and where they occur. Licensee should be
viewed s part of the solution to limiting the access of
alcoholic beverages to minors.
Opponents believe that minor decoy programs are the best
tool communities have for reducing sales to minors. They
feel that what is working does not need fixing. It is
important to local communities and law enforcement agencies
not to undermine a program that has significantly reduced
sales to minors over the last three years. The so-called
3-strikes law, enacted in 1994, provides GALE (Grant
Assistance to Local Law Enforcement) grants from ABC, which
allow local law enforcement to develop coordinated
efficient systems for monitoring their many ABC-licensed
establishments.
Opponents further feel that the activities listed in this
bill which can be done by licensees to avoid the effect of
a first strike should be done regardless of whether they
have been cited for sales to a minor. Under no
circumstances should penalties be eliminated for an offense
in exchange for agreeing to undertake the activities
described in SB 1696. Selling to minors is against the
law, and licensees know that when they receive their
licenses.
SUPPORT: California Retailers Association
California Grocers Association
Anheuser Busch Brewing Company
Miller Brewing Company
Food and Beverage Association of San
Diego
Wine Institute
Rite Aid Corporation
California Restaurant Association
OPPOSE: California Council on Alcohol Policy
California Council on Alcohol
Problems
Alcohol Policy Network
Oxnard Police Department
Black Women's Media Project
Day One
Community Partners for Safer
Neighborhoods
San Fernando Valley Alcohol Policy
Coalition
San Diego County Council on Alcohol
Policy
Orange County Alcohol, Tobacco, and
Other Drug
Policy Council
OPPPOSE : Friday Night
City of Berkeley, Chief of Police
City of Hayward Police Department
Vallejo Alcohol Policy Coalition
San Benito County Substance Abuse
Program
FISCAL COMMITTEE: Senate Appropriations
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SMH:bjw