Bill Text: CA AB2560 | 2011-2012 | Regular Session | Introduced

California Assembly Bill 2560 (Prior Session Legislation)

Introduced

Bill Title: Alcoholic beverages: licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-18 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2560 Detail]

Download: California-2011-AB2560-Introduced.html

BILL NUMBER: AB 2560	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 24, 2012

   An act to add Section 23826.11 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2560, as introduced, Allen. Alcoholic beverages: licenses.
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also provides for a limitation on the amount 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.
   This bill would provide an exception to this limitation for a
county of the 18th class, as specified.
   The bill makes legislative findings and declarations regarding the
necessity of a special statute.
   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 23826.11 is added to the Business and
Professions Code, to read:
   23826.11.  (a) Notwithstanding any other provision of this
chapter, in any county of the 18th class, commencing January 1, 2013,
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 section 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 section.
   (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.  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
the 18th class specified in Section 1, that are applicable only to
the county of the 18th class.