SB 291

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 the consumption of

fermented malt beverages (beer) on commercial quadricycles, except in

municipalities that have adopted ordinances negating this exception. A "commercial

quadricycle" is defined 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, that is used for commercial purposes, and that is operated by the vehicle

owner or an employee of the owner. The bill also prohibits an ordinance of a

municipality enacted before the bill's effective date that regulates the possession or

consumption of open containers of alcohol beverages in public places ("open

container" ordinance) from prohibiting the possession or consumption of alcohol

beverages by passengers on commercial quadricycles, but allows an "open container"

ordinance enacted after the bill's effective date to do so.

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 0.02. A person

may not drive a commercial quadricycle occupied by passengers after 10:30 p.m. or

after any earlier time established by municipal ordinance. A person may not drive

a commercial quadricycle on which alcohol beverages other than beer are carried or

consumed or on which alcohol beverages are sold. A person may not possess on, or

carry onto, a commercial quadricycle more than 36 fluid ounces of beer. A person who

violates any of these prohibitions may be required to forfeit not less than $200 nor

more than $500. Upon a driver's conviction for a violation, the court must enter an

order permanently prohibiting the person from driving a commercial quadricycle

and, if the person violates this order, the person may be required to forfeit not less

than $1,000 nor more than $2,000.