Section 21215.2 Of Article 4.5. Operation Of Pedicabs From California Vehicle Code >> Division 11. >> Chapter 1. >> Article 4.5.
21215.2
. (a) If alcoholic beverages are consumed on board the
pedicab, a pedicab defined in subdivision (c) of Section 467.5 shall
additionally operate subject to all of the following requirements:
(1) The consumption of alcoholic beverages onboard the pedicab
shall be authorized by local ordinance or resolution.
(2) An onboard safety monitor who is 21 years of age or older
shall be present whenever alcohol is being consumed by passengers
during the operation of the pedicab. The onboard safety monitor shall
not be under the influence of any alcoholic beverage and shall be
considered as driving the pedicab for purposes of Article 2
(commencing with Section 23152) of Chapter 12 of Division 11 during
the operation of the pedicab.
(3) Both the operator and safety monitor shall have completed
either the Licensee Education on Alcohol and Drugs (LEAD) program
implemented by the Department of Alcoholic Beverage Control or a
training course utilizing the curriculum components recommended by
the Responsible Beverage Service Advisory Board established by the
Director of Alcoholic Beverage Control.
(4) Alcoholic beverages shall not be provided by the operator or
onboard safety monitor or any employee or agent of the operator or
onboard safety monitor of the pedicab. Alcoholic beverages may only
be supplied by the passengers of the pedicab. All alcoholic beverages
supplied by passengers of the pedicab shall be in enclosed, sealed,
and unopened containers that have been labeled pursuant to Chapter 13
(commencing with Section 25170) of Division 9 of the Business and
Professions Code prior to their consumption on board the pedicab.
(5) Alcoholic beverages may be consumed by a passenger of the
pedicab only while he or she is physically on board and within the
pedicab.
(6) All passengers shall be 21 years of age or older if alcohol is
consumed during the operation of the pedicab.
(7) For purposes of this subdivision, passengers who are pedaling
the device are not operators.
(b) A license or permit from the Department of Alcoholic Beverage
Control shall not be required of the operator or onboard safety
monitor, so long as neither they, nor their employees or agents sell,
serve, or furnish any alcoholic beverage to any passenger.
(c) For purposes of this section, "alcoholic beverage" has the
same meaning as defined in Section 23004 of the Business and
Professions Code.
(d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.