New Bill Proposes To Allow Beauty Salons and Barbershops To Serve Beer and Wine Without A License
On February 27, 2015, Assembly member Tom Daly (D-Anaheim) introduced a bill purporting to allow barbershops and beauty salons to serve beer and wine to clientele without first obtaining a liquor license. If passed, the bill (AB 1322) would amend Section 23399.5 of the California Business & Professions Code, which currently allows for the service of complementary beverages by operators of limousine and hot air balloon services only. Cal. Bus & Prof. Code § 23399.5(a) and (b).
Specifically, Section 23399.5 would be amended to include a subdivision (c), which would provide that:
A license or permit is not required for the serving of beer or wine as part of a beauty salon service or barbershop service if the following requirements are met:
- There is no extra charge or fee for the beer or wine …
- The license of the establishment providing the beauty salon service or barbershop service is in good standing with the State Board of Barbering and Cosmetology.
- No more than 12 ounces of beer or 6 ounces of wine by the glass is offered to a client.
- The beer or wine is provided only during business hours and in no case later than 10 p.m.
The subdivision would also clarify that “there is no extra charge or fee for the beer or wine if the fee charged for the beauty salon or barbershop service is the same regardless of whether beer or wine is served,” meaning that establishments would not be able to charge their clientele per glass of beverage, nor inflate the costs of their services to reflect any newly added beverage service.
According to ABC 7 News, there are approximately 20,000 licensed beauty salons and barbershops in the state of California, many of which are serving complimentary alcoholic beverages to their clientele already. If this bill becomes law, it could clear up any uncertainties businesses and clients participating in this practice may have.
The bill was ordered to the Senate in May 2015. If passed there, it is anticipated to be passed to Governor Jerry Brown by Fall 2015.
© 2015, Law Offices of Stephan Passalacqua.