Bill Text: CA AB2589 | 2023-2024 | Regular Session | Amended
Bill Title: Alcoholic beverages: licenses: counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-25 - Re-referred to Com. on APPR. [AB2589 Detail]
Download: California-2023-AB2589-Amended.html
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Amended
IN
Assembly
April 24, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2589
| Introduced by Assembly Member Joe Patterson |
February 14, 2024 |
An act to add Section 23826.20 to the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 2589, as amended, Joe Patterson.
Alcoholic beverages: licenses: counties.
Existing law, 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. Existing law limits 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.
Existing law provides various exceptions to the limitation described above, including authorizing the issuance of up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of Placer. Existing law prohibits the department from issuing more than 4 of these licenses per year. Existing law
requires the department to follow specified procedures concerning the issuance of these licenses, and authorizes the department to designate these licenses as on-sale general for special use. Existing law specifies that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. Existing law prohibits these licenses from being, among other things, transferred from one county to another.
This bill would authorize the department to issue up to 2 a total of 10 additional new original on-sale general licenses for bona fide public eating places per year
places, up to 4 in the first year the bill takes effect, in each county to premises where the operation of a bona fide public eating place is, or is located in, a retail center, as defined. The bill would require the department to follow specified procedures concerning the issuance of these licenses, and would authorize the department to designate these licenses as on-sale general for special use. The bill would also specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit licenses issued under its provisions from being, among other things, transferred from one county to another.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 23826.20 is added to the Business and Professions Code, to read:23826.20.
(a) For purposes of this section, “retail center” means a group of two or more retail establishments, including, but not limited to, a multitenant shopping center, that is at least 1,300,000 square feet.(b) Notwithstanding any other provision of this chapter, in each county, the department may issue two no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places per year.
places. The department shall not issue more than four licenses under this section in the first year after this section takes effect. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall be, or be located in, a retail center.
(c) In issuing any license pursuant to this section, the department shall follow the procedure set forth in Section 23961.
(d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(e) (1) 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.
(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(f) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.
