AB 70

This bill allows most alcohol beverage retailers to make online or telephone

sales of alcohol beverages to be picked up by the customer at parking spaces that are

part of the retail licensed premises. The bill also prohibits municipalities from

imposing by ordinance additional restrictions on these sales.

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

beverages to a consumer unless the seller possesses a license or permit authorizing

the sale. Class “A” and “Class A” licenses authorize the retail sale of, respectively,

fermented malt beverages (beer) and intoxicating liquor in original packages for

consumption off the licensed premises. Intoxicating liquor includes wine and

distilled spirits. A Class “B" license authorizes the retail sale of beer for consumption

on or off the premises. Except when issued to a winery, a “Class B" license authorizes

the retail sale of intoxicating liquor for consumption on the licensed premises and,

subject to certain restrictions, the retail sale of intoxicating liquor in original

packages for consumption off the licensed premises. Each of these retail licenses is

issued by a municipality.

Under current law, a retail license authorizes only face-to-face sales of alcohol

beverages to consumers on the licensed premises. The sale to the consumer on the

licensed premises is governed by certain requirements, including that the purchaser

be of legal drinking age and that the sale be made only during certain hours. The

licensed premises on which the sale occurs must be particularly described in the

retail license issued by the municipality, and each applicant for a retail license must

identify in the application the premises where alcohol beverages will be sold.

This bill provides that, if a Class “A”, “Class A”, Class “B", or “Class B” licensee

receives a remote order for alcohol beverages that the consumer will pick up at a

parking space that is part of the retailer's licensed premises, the sale of alcohol

beverages occurs at the time the consumer takes possession of the alcohol beverages

at the parking space, regardless of when the consumer makes payment. The bill

defines “remote order” as an order for the sale of alcohol beverages that is placed by

telephone or Internet by a consumer who asserts at the time of placing the order that

he or she is at least 21 years of age. A Class “B” or “Class B” licensee may sell alcohol

beverages by remote order only for consumption off the licensed premises. The bill

also specifies that licensed premises identified in the retail license may include

parking spaces associated with a structure described as licensed premises, even if

the parking spaces are not contiguous with the remainder of the licensed premises.

The bill also prohibits municipalities from adopting ordinances that impose

additional restrictions on alcohol beverage sales made by these retailers pursuant

to remote orders.