California 2023-2024 Regular Session Status: Passed Senate

SB 495 — Alcoholic beverages: deliveries: off-sale retail licenses and consumer delivery service permits.

Last action — August 15 hearing: Held in committee and under submission.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered. This bill would establish a new license type for a consumer delivery service permit (Type 95) and would set an application fee of $20,000 and an annual renewal fee of $1,500. The bill would authorize a licensee with off-sale retail privileges, or a consumer delivery service permitholder delivering orders on their behalf, to deliver alcoholic beverages to consumers away from the licensed premises if specified requirements are met. The bill would not apply these requirements to delivery by common carrier or pursuant to specified provisions of law. This bill would require, among other things, that the licensee be authorized to sell alcoholic beverages for off-sale consumption and have the exclusive authority to determine which alcoholic beverages are available for delivery and set the prices for these beverages. The bill would require a licensee to be responsible for accepting or rejecting the sale and delivery order and would prohibit a licensee from accepting a delivery order unless, before the sale, the purchaser affirms that both the purchaser and the recipient are not under 21 years of age. The bill would prohibit a consumer delivery service, as defined, from delivering any alcoholic beverages on behalf of a licensee with off-sale retail privilege without holding a consumer delivery service permit and would declare violation of that prohibition a misdemeanor. Commencing July 1, 2024, the bill would authorize the Department of Alcoholic Beverage Control to issue a consumer delivery service permit to a service that satisfies specified requirements, including, among other things, that the service certifies under penalty of perjury that its delivery drivers will receive specified training prior to delivering any alcoholic beverage. Because a violation of the prohibition on delivery without a permit would be a crime under the Alcohol Beverage Control Act and because the bill would expand the scope of the existing crime of perjury, this bill would impose a state-mandated local program. This bill, in context of the authorization described above, would exempt a licensee from discipline for the delivery or furnishing of an alcoholic beverage to an obviously intoxicated person, or to a person under 21 years of age, if certain requirements are met. The bill would authorize the Department of Alcoholic Beverage Control to impose administrative penalties, as specified, against the holder of a consumer delivery service permit that violates its provisions. Existing law, until December 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to exercise additional off-sale rights and privileges, subject to specified requirements such as a requirement that the sale also include a meal. In this regard, existing law requires that the consumer that places an order from the licensee pick up the order in person. This bill would provide that a consumer may pick up an order directly from the above licensees or the beverages may be delivered to the consumer as described in paragraph (1) . The bill would eliminate the requirement that the sale include a meal. The bill would also extend these additional off-sale privileges to holders of an on-sale general license. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. August 15 hearing: Held in committee and under submission.

  2. July 2 set for first hearing. Placed on suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 1.) (June 19). Re-referred to Com. on APPR.

  4. Referred to Com. on G.O.

  5. In Assembly. Read first time. Held at Desk.

  6. Read third time. Passed. (Ayes 34. Noes 2. Page 1392.) Ordered to the Assembly.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1172.) (May 18).

  10. Set for hearing May 18.

  11. April 24 hearing: Placed on APPR suspense file.

  12. Set for hearing April 24.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 656.) (April 11). Re-referred to Com. on APPR.

  14. Set for hearing April 11.

  15. Referred to Com. on G.O.

  16. From printer. May be acted upon on or after March 17.

  17. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Dodd · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Dodd

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass and be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 5000
Democratic 9104
Unaffiliated 2001
Total 16105
% of votes cast 73%5%0%23%
How each member voted (22)
Member Party Vote
Low — Yea
Jones-Sawyer — Not Voting
Jim Patterson — Yea
Addis, Dawn Democratic Yea
Bains, Jasmeet Democratic Yea
Bryan, Isaac G. Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Haney, Matt Democratic Not Voting
McKinnor, Tina Democratic Nay
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Ramos, James C. Democratic Not Voting
Rubio, Blanca E. Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Lackey, Tom Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

3rd Reading

Passed 34 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 17203
Republican 7000
Total 34204
% of votes cast 85%5%0%10%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Min — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Not Voting
Durazo, Maria Elena Democratic Nay
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Nay
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Not Voting
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 3001
Democratic 4001
Unaffiliated 6000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Dodd — Yea
Glazer — Yea
Bradford — Yea
Wilk — Yea
Roth — Yea
Portantino — Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Not Voting
Alvarado-Gil, Marie Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Not Voting

Official roll call →

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 495 do?
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law generally makes a violation of the act a misdemeanor. Existing law prohibits an off-sale licensee from delivering alcoholic beverages from an order received over the telephone or other electronic means without requiring proof of age and identity when the beverages are delivered. This bill would establish a new license type for a consumer delivery service permit (Type 95) and would set an application fee of $20,000 and an annual renewal fee of $1,500. The bill would authorize a licensee with off-sale retail privileges, or a consumer delivery service permitholder delivering orders on their behalf, to deliver alcoholic beverages to consumers away from the licensed premises if specified requirements are met. The bill would not apply these requirements to delivery by common carrier or pursuant to specified provisions of law. This bill would require, among other things, that the licensee be authorized to sell alcoholic beverages for off-sale consumption and have the exclusive authority to determine which alcoholic beverages are available for delivery and set the prices for these beverages. The bill would require a licensee to be responsible for accepting or rejecting the sale and delivery order and would prohibit a licensee from accepting a delivery order unless, before the sale, the purchaser affirms that both the purchaser and the recipient are not under 21 years of age. The bill would prohibit a consumer delivery service, as defined, from delivering any alcoholic beverages on behalf of a licensee with off-sale retail privilege without holding a consumer delivery service permit and would declare violation of that prohibition a misdemeanor. Commencing July 1, 2024, the bill would authorize the Department of Alcoholic Beverage Control to issue a consumer delivery service permit to a service that satisfies specified requirements, including, among other things, that the service certifies under penalty of perjury that its delivery drivers will receive specified training prior to delivering any alcoholic beverage. Because a violation of the prohibition on delivery without a permit would be a crime under the Alcohol Beverage Control Act and because the bill would expand the scope of the existing crime of perjury, this bill would impose a state-mandated local program. This bill, in context of the authorization described above, would exempt a licensee from discipline for the delivery or furnishing of an alcoholic beverage to an obviously intoxicated person, or to a person under 21 years of age, if certain requirements are met. The bill would authorize the Department of Alcoholic Beverage Control to impose administrative penalties, as specified, against the holder of a consumer delivery service permit that violates its provisions. Existing law, until December 31, 2026, authorizes the holder of an on-sale license for a bona fide public eating place that has off-sale privileges, or a licensed beer manufacturer, licensed wine manufacturer, or licensed craft distiller that operates a bona fide public eating place at its premises of production, to exercise additional off-sale rights and privileges, subject to specified requirements such as a requirement that the sale also include a meal. In this regard, existing law requires that the consumer that places an order from the licensee pick up the order in person. This bill would provide that a consumer may pick up an order directly from the above licensees or the beverages may be delivered to the consumer as described in paragraph (1) . The bill would eliminate the requirement that the sale include a meal. The bill would also extend these additional off-sale privileges to holders of an on-sale general license. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 495?
SB 495 is sponsored by Dodd.
What is the current status of SB 495?
This bill died with 2023-2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 495?
Track SB 495 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 495

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 495

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →