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California Business And Professions Code Section 23355.2

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 23355.2

(a) For purposes of this section, "controlled access
alcoholic beverage cabinet" means a closed container, either
refrigerated, in whole or in part, or nonrefrigerated, and access to
the interior of which is (1) restricted by means of a locking device
which requires the use of a key, magnetic card, or similar device, or
(2) controlled at all times by the licensee.
   (b) Notwithstanding any other provision of this division, a hotel
or motel having an on-sale license may sell alcoholic beverages to
its registered guests by means of a controlled access alcoholic
beverage cabinet located in the guestrooms of those registered
guests, provided that each of the following conditions is met:
   (1) Access to a controlled access alcoholic beverage cabinet in a
particular guestroom is provided, whether by furnishing a key,
magnetic card, or similar device, or otherwise, only to the adult
registered guest, if any, registered to stay in the guestroom.
   (2) Prior to providing a key, magnetic card, or other similar
device required to attain access to the controlled access alcoholic
beverage cabinet in a particular guestroom to the registered guest
thereof, or prior to otherwise providing access thereto to the
registered guest, the licensee shall verify, in accordance with
Article 3 (commencing with Section 25657), of Chapter 16 of this
division, that each registered guest to whom a key, magnetic card, or
similar device is provided, or to whom access is otherwise provided,
is not a minor.
   (3) All employees handling the alcoholic beverages to be placed in
the controlled access alcoholic beverage cabinet in any guestroom,
including, but not limited to, any employee who inventories or
restocks and replenishes the alcoholic beverages in the controlled
access alcoholic beverage cabinet, shall be at least 21 years of age.

   (4) There is no replenishing or restocking of the alcoholic
beverages in any controlled access alcoholic beverage cabinet between
the hours of 2 a.  m.  and 6 a.m. of the same day.
   (c) Notwithstanding any other provision of this division, a hotel
or motel having an on-sale general license or an on-sale general
license for restricted service lodging establishments may, upon
issuance of a permit from the department, sell from its controlled
access alcoholic beverage cabinets distilled spirits in containers of
50 milliliters or less, or in containers of comparable size.  The
department shall charge an annual fee for a permit issued pursuant to
this subdivision equal to the annual renewal fee applicable to an
off-sale general license pursuant to Section 23320.
   (d) Notwithstanding any other provision of this division, a hotel
or motel having an on-sale general license or an on-sale general
license for restricted service lodging establishments and an off-sale
general license may sell from its controlled access alcoholic
beverage cabinets distilled spirits in containers of 50 milliliters
or less, or in containers of comparable size, without having to
obtain the permit specified in subdivision (c).
   (e) A controlled access alcoholic beverage cabinet may be part of
another cabinet or similar device, whether refrigerated, in whole or
in part, or nonrefrigerated, from which nonalcoholic beverages or
food may be purchased by the guests in hotel or motel guestrooms.
However, in that event, the portion of the cabinet or similar device
in which alcoholic beverages are stored shall be a controlled access
alcoholic beverage cabinet, as defined in this section.
   (f) For purposes of this section, "hotel" or "motel" shall mean an
establishment which is licensed to sell alcoholic beverages and
which contains guestroom accommodations with respect to which the
predominant relationship existing between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest.  For purposes of this subdivision, the existence of other
legal relationships as between some occupants and the owner or
operator thereof shall be immaterial.

Last modified: January 12, 2009