Alcohol can't be sold at self-checkout lines

Alcoholic beverages must be bought face-to-face from a store clerk. Alcoholic beverages must be bought face-to-face from a store clerk. Photo: Jessica Hill, Associated Press Photo: Jessica Hill, Associated Press Image 1 of / 3 Caption Close Alcohol can't be sold at self-checkout lines 1 / 3 Back to Gallery

If you're planning to pick up a six-pack at the local supermarket, steer clear of the self-checkout line. A California law, intended to keep alcoholic beverages out of the hands of minors and obviously intoxicated persons, allows their sales only in face-to-face transactions with store clerks, says a state appeals court.

The law, sponsored by then-Assemblywoman Fiona Ma, D-San Francisco, took effect last year as markets continued to increase their use of self-service checkouts. It specifies that alcohol may not be sold "at any customer-operated checkout stand," a restriction previously enacted for cigarettes, spray paint and some over-the-counter drugs.

Ma's bill was opposed by the California Grocers Association, which argued that the ban was unnecessary because self-checkout counters automatically lock out alcoholic beverages, allowing a clerk to view the buyer and approve the sale. The association made a similar argument after the law took effect, saying a checkout counter that locks automatically is not "customer-operated" and therefore is not prohibited.

The state Department of Alcoholic Beverage Control disagreed and advised retailers that such sales were forbidden. On Thursday, the Third District Court of Appeal in Sacramento said the advisory had no legal effect - because the department had failed to circulate it for public comment - but had reached the right conclusion.

The law prohibits sales of alcoholic beverages at any customer-operated checkout stand, regardless of its lockout equipment, said Justice Coleman Blease in the 2-1 ruling. He said lawmakers had considered and rejected the Grocers Association's arguments and had concluded instead that a self-checkout system lacked safeguards.

Lockouts work "only when an alcoholic beverage container is scanned at the checkout stand" and not when it is concealed, Blease said. He said an Assembly committee had found that a customer's age could be properly verified only when beverages are purchased in "a face-to-face transaction from beginning to end."

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In a separate opinion, Justice Harry Hull said the issue was debatable and the court should have returned the dispute to Alcoholic Beverage Control for formal regulations.

The Grocers Association said it was disappointed by the ruling but hasn't decided whether to appeal.