SB 142

Under current law, an owner or other person in charge of a public place may not

permit the consumption of alcohol beverages at that place unless a retail alcohol

beverages license has been issued for the place. There are various exceptions to this

prohibition, including for county parks, athletic fields and stadiums, school

buildings, and churches. This bill adds an exception for commercial quadricycles, as

defined below.

Also under current law, municipalities may impose regulations related to

alcohol beverages that are not in conflict with state law. This bill specifies that no

such regulation may prohibit the possession or consumption of alcohol beverages by

passengers on a commercial quadricycle. However, a municipality may, by

ordinance, restrict or prohibit the operation of commercial quadricycles on roadways

under the municipality's jurisdiction.

The bill prohibits the driver of a commercial quadricycle from consuming

alcohol while the commercial quadricycle is occupied by passengers and from driving

a commercial quadricycle with an alcohol concentration of more than 0.0. A driver

that violates either of these prohibitions may be required to forfeit not less than $20

nor more than $40 for the first offense and not less than $50 nor more than $100 for

the second or subsequent conviction within a year.

The bill defines a "commercial quadricycle" as a vehicle with fully operative

pedals for propulsion entirely by human power, that has four wheels and is operated

in a manner similar to a bicycle, that is equipped with at least 12 seats for

passengers, that is designed to be occupied by a driver and by passengers providing

pedal power to the drive train of the vehicle, and that is used for commercial

purposes.