Bill Text: CA AB1189 | 2015-2016 | Regular Session | Amended
Bill Title: Department of Alcoholic Beverage Control: special on-sale general license: for-profit theater.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1189 Detail]
Download: California-2015-AB1189-Amended.html
BILL NUMBER: AB 1189 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 27, 2015
An act to amend Section 23055 24045.75
of the Business and Professions Code, relating to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1189, as amended, Bigelow. Department of Alcoholic Beverage
Control : report. : special on-sale general
license: for-profit theater.
Under existing law, the Alcoholic Beverage Control Act is
administered by the Department of Alcoholic Beverage Control through
the Director of Alcoholic Beverage Control. Existing law
requires the director to make an annual report to the Legislature on
the department's activities, on or before March 1 of each year.
Existing law authorizes the department to issue a
special on-sale general license to the operator of any for-profit
theater located within the City and County of San Francisco, as
specified. Existing law prohibits that special on-sale general
license from being issued until any existing licenses issued by the
department to the operator for the premises of the for-profit theater
are canceled.
This bill would instead require the director to make that report
by November 1 of each even calendar year.
This bill would delete that prohibition.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24045.75 of the
Business and Professions Code is amended 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.
SECTION 1. Section 23055 of the Business and
Professions Code is amended to read:
23055. (a) On or before November 1 of each even calendar year,
the director shall prepare and submit to the Legislature a report on
the department's activities and post the report on the department's
Internet Web site. The report shall include, but not be limited to,
the following information for relevant fiscal years:
(1) The amount of funds allocated and spent by the department for
licensing, enforcement, and administration.
(2) The number of licenses issued, renewed, denied, suspended, and
revoked, by license category.
(3) The average time for processing license applications, by
license category.
(4) The number and type of enforcement activities conducted by the
department and by local law enforcement agencies in conjunction with
the department.
(5) The number, type, and amount of penalties, fines, and other
disciplinary actions taken by the department.
(b) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
