AB 67

Under current law, with specific exceptions, no person may sell alcohol

beverages at retail unless the person possesses a license or permit authorizing the

sale. Class "B" licenses, issued by municipalities, authorize the retail sale of

fermented malt beverages (beer) for consumption on or off the retail premises. "Class

B" licenses, also issued by municipalities, authorize the retail sale of intoxicating

liquor for consumption on or off the retail premises, which authorization is subject

to certain limitations, some of which depend on whether the issuing municipality has

adopted an ordinance related to "Class B" licenses.

Current law requires municipalities to issue operators' licenses (commonly

called bartenders' licenses) and authorizes municipalities to issue managers'

licenses. No retail seller of alcohol beverages may be open for business unless the

licensee, the designated agent of a corporate licensee, or a person who possesses a

manager's license or operator's license is present and responsible for the acts of all

persons providing alcohol beverages on the premises.

This bill prohibits a person holding an operator's license or manager's license,

or a person who is a Class "B" or "Class B" licensee or a designated agent of a

corporate Class "B" or "Class B" licensee, from being on Class "B" or "Class B"

licensed premises where the person is employed or holds an ownership interest,

during the person's working hours, if the person has an alcohol concentration of more

than 0.0, as measured from the person's blood or breath. If a person is convicted of

violating this prohibition three or more times, any operator's license, manager's

license, or Class "B" or "Class B" license issued to the person or to a corporation for

which the person is a designated agent must be revoked.

The bill also eliminates a statutory inconsistency as to whether an immediate

family member of a Class "B" or "Class B" licensee is considered to hold an operator's

license and treats such an immediate family member like other holders of operators'

licenses.