Bill Text: CA AB1670 | 2015-2016 | Regular Session | Chaptered
Bill Title: Alcoholic beverages: licenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-09-14 - Chaptered by Secretary of State - Chapter 347, Statutes of 2016. [AB1670 Detail]
Download: California-2015-AB1670-Chaptered.html
BILL NUMBER: AB 1670 CHAPTERED
BILL TEXT
CHAPTER 347
FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2016
APPROVED BY GOVERNOR SEPTEMBER 14, 2016
PASSED THE SENATE AUGUST 15, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 21, 2016
INTRODUCED BY Assembly Member Dodd
JANUARY 15, 2016
An act to amend Section 23826.10 of, and to add Section 24045.77
to, the Business and Professions Code, relating to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1670, Dodd. Alcoholic beverages: licenses.
Existing law, the Alcoholic Beverage Control Act, regulates the
application, issuance, and suspension of alcoholic beverage licenses
by the Department of Alcoholic Beverage Control. The act provides
that a violation of its provisions is a misdemeanor, unless otherwise
specified.
The act provides for a limitation on the number of on-sale general
licenses that may be issued by the department based on the
population of the county in which the licensed premises are located,
as provided. However, existing law provides an exception to this
limitation for the County of Napa and authorizes the department to
issue 5 additional new original on-sale general licenses per year for
bona fide public eating places with a seating capacity for 50 or
more diners, for a period of 3 years. Existing law prohibits more
than 15 of these licenses from being issued pursuant to this
exception.
This bill would authorize the department to issue no more than 5
additional new original on-sale general licenses to bona fide public
eating places with a seating capacity of 25 or more diners, for a
period of 1 year.
Existing law authorizes the Department of Alcoholic Beverage
Control to issue a special on-sale general license to any nonprofit
theater company, subject to specified requirements.
This bill would authorize the department to issue a special
on-sale general license to the operator of any for-profit theater
located in the County of Napa, 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 not require the licensee to operate as a bona fide public
eating place. 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 for the County of Napa.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23826.10 of the Business and Professions Code
is amended to read:
23826.10. (a) (1) Notwithstanding any other provision of this
chapter, in any county of the 29th class, commencing January 1, 2009,
the department may issue five additional new original on-sale
general licenses for bona fide public eating places per year, for a
period of three years. Any premises to qualify for a license under
this paragraph shall have a seating capacity for 50 or more diners.
In no event shall more than 15 on-sale general licenses for bona fide
eating places be issued under this paragraph.
(2) Notwithstanding any other provision of this chapter, in any
county of the 29th class, the department, in addition to those
licenses issued pursuant to paragraph (1), may issue no more than a
total of five additional new original on-sale general licenses for
bona fide public eating places from January 1, 2017, to December 31,
2017, inclusive. Any premises to qualify for a license under this
paragraph shall have a seating capacity for 25 or more diners.
(b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
(c) Nothing in this chapter shall prohibit a person who currently
holds a valid on-sale general license for seasonal business from
applying for an original on-sale general license pursuant to this
section.
(d) A license issued under this section shall not be transferred
from one county to another nor shall it be transferred to any
premises not qualifying under this section.
SEC. 2. Section 24045.77 is added to the Business and Professions
Code, to read:
24045.77. (a) (1) The department may issue a special on-sale
general license to the operator of any for-profit theater located
within the County of Napa, configured with theatrical seating of at
least 800 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 for-profit theater for the period beginning two
consecutive hours prior to a live theatrical performance and ending
three hours after the live theatrical performance is completed,
subject to Section 25631. Any special on-sale general license issued
pursuant to this section shall not be subject to the limitations
provided by Section 23816 and shall not be required to be operated as
a bona fide public eating place. The for-profit theater further
shall not be subject to the provisions of Section 23793.
(c) For the 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 of the economy of the County of
Napa and the cultural importance of for-profit theaters within the
County of Napa.
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.
