Bill Text: CA AB2451 | 2017-2018 | Regular Session | Amended

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Bill Title: Alcoholic beverage control: legislative reports.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2018-06-07 - Referred to Com. on RLS. [AB2451 Detail]

Download: California-2017-AB2451-Amended.html

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Amended  IN  Assembly  April 09, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2451

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Introduced by Assembly Member Aguiar-Curry

February 14, 2018

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An act to amend Section 25659 23055 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 2451, as amended, Aguiar-Curry. Alcoholic beverages: licensees. beverage control: legislative reports.

Existing law requires the Director of Alcoholic Beverage Control, upon request from the Legislature, to prepare and submit to the Legislature a report on the department’s activities and post the report on the department’s Internet Web site. Existing law prescribes certain topics that this report is to address with reference to a previous fiscal year.

This bill would revise the prescribed content of the report described above. The bill would require the report to include information on the amount of funds allocated and spent by the department for licensing, enforcement, and administration in the previous five years, number of licenses issued, renewed, denied, suspended, and revoked, by license category in the previous five years, and the number, type, and amount of penalties, fines, and other disciplinary actions taken by the department in the previous five years. The bill would also require the report to contain a synopsis of legislation introduced in the previous year related to alcoholic beverage control.

Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prohibit unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Under existing law, the holder of a license to sell alcoholic beverages is subject to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law authorizes the licensee to refuse to sell or serve alcoholic beverages to any person unable to produce adequate written evidence that he or she is over 21 years of age. Under existing law, a violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.

This bill would require the licensee to refuse to sell or serve alcoholic beverages to any person unable to provide adequate written evidence that he or she is over 21 years of age. By imposing a new requirement on a licensee under the Alcoholic Beverage Control Act, the violation of which would be a crime, the bill would impose a state-mandated local program.

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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 23055 of the Business and Professions Code is amended to read:

23055.

 (a) Notwithstanding Section 10231.5 of the Government Code, upon Upon request from the Legislature, 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 any previous fiscal year requested by the Legislature: Legislature, except as otherwise specified below:

(1) The amount of funds allocated and spent by the department for licensing, enforcement, and administration. administration in the previous five years.

(2) The number of licenses issued, renewed, denied, suspended, and revoked, by license category. category in the previous five years.

(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. department in the previous five years.

(6) A synopsis of legislation introduced in the previous year related to alcoholic beverage control.

(b) The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 25659 of the Business and Professions Code is amended to read:

25659.

For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, shall refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over 21 years of age. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be 21 years of age or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees decision to not seize a license shall not create any civil or criminal liability.

SEC. 2.

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.