Bill Text: CA AB525 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverages: licenses: theaters.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 235, Statutes of 2013. [AB525 Detail]

Download: California-2013-AB525-Amended.html

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BILL NUMBER: AB 525	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2013
	AMENDED IN ASSEMBLY  MAY 1, 2013
	AMENDED IN ASSEMBLY  APRIL 4, 2013

INTRODUCED BY   Assembly Member Ting
   (Coauthor: Assembly Member Ammiano)
   (Coauthor: Senator Leno)

                        FEBRUARY 20, 2013

   An act to amend Section 23039 of, and to add Section 24045.75 to,
the Business and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 525, as amended, Ting. Alcoholic beverages: licenses: theaters.

   Existing law, the Alcoholic Beverage Control Act, authorizes the
Department of Alcoholic Beverage Control to issue a special on-sale
general license to any nonprofit theater company, subject to
specified requirements. The act provides that a violation of its
provisions is a misdemeanor, unless otherwise specified.
   This bill would permit the department to issue a special on-sale
general license to the operator of any for-profit theater located in
the City and County of San Francisco, configured with theatrical
seating and primarily devoted to live theatrical performances, which
would permit sales, service, and consumption of alcoholic beverages
in the lobbies and seating areas of the theater at specified times.
The bill would subject this license to limitations regarding the
number of licenses that may be issued in a county and would not
require the licensee to operate as a bona fide public eating place.
The bill would except a theater to be licensed under its provisions
from other prohibitions on public premises licenses, as specified. By
expanding the definition of a crime, this bill would impose a
state-mandated local program.
   This bill would make legislative findings and declarations as to
the necessity of a special statute.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23039 of the Business and Professions Code is
amended to read:
   23039.  (a) "Public premises" means:
   (1) Premises licensed with any type of license other than an
on-sale beer license, and maintained and operated for the selling or
serving of alcoholic beverages to the public for consumption on the
premises, and in which food shall not be sold or served to the public
as in a bona fide public eating place, but upon which premises food
products may be sold or served incidentally to the sale or service of
alcoholic beverages, in accordance with rules prescribed by the
department.
   (2) Premises licensed with an on-sale beer license, in which food
shall not be sold or served to the public as in a bona fide public
eating place, and in which sandwiches, salads, desserts, and similar
short orders shall not be sold and served, in accordance with rules
prescribed by the department.
   (b) "Public premises" does not include railroad dining or club
cars, passenger ships, airplanes, or bona fide clubs after the clubs
have been lawfully operated for not less than one year; nor does it
include historic units of the state park system, premises being
operated under a temporary on-sale beer license other than permitted
pursuant to Section 24045.5, or on-sale beer licensed stadia,
auditoria, fairgrounds, or racetracks; nor does it include nonprofit
theater companies licensed pursuant to Section 24045.7; nor does it
include theaters licensed pursuant to Section 24045.75; nor does it
include winegrowers' premises.
  SEC. 2.  Section 24045.75 is added to the Business and Professions
Code, to read:
   24045.75.  (a) (1) The department may issue a special on-sale
general license to the operator of any for-profit theater located
within the City and County of San Francisco, configured with
theatrical seating of at least 1,000 seats and primarily devoted to
live theatrical performances.
   (2) A special on-sale general license described by this section
shall not be issued until any existing licenses issued by the
department to the operator for the premises of the for-profit theater
are canceled.
   (b) The special on-sale general license shall permit sales,
service, and consumption of alcoholic beverages in the lobbies and
seating areas of the theater for  the period beginning  two
consecutive hours prior to a live theatrical performance and 
ending  one hour after the live theatrical performance is
completed, subject to Section 25631. Any special on-sale general
license issued pursuant to this section shall be subject to the
limitations provided by Section 23816, but shall not be required to
be operated as a bona fide public eating place. The theater further
shall not be subject to the provisions of Section 23793.
   (c) For purposes of this section, "for-profit theater" shall not
include an adult or sexually oriented business, as defined in Section
318.5 of the Penal Code.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances and cultural importance of
for-profit theaters within the City and County of San Francisco.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.