Bill Text: CA AB2615 | 2023-2024 | Regular Session | Amended
Bill Title: Alcoholic beverages: COVID-19 Temporary Catering Authorization: airside terminal space.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB2615 Detail]
Download: California-2023-AB2615-Amended.html
|
Amended
IN
Assembly
April 11, 2024 |
| Introduced by Assembly Member McKinnor |
February 14, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes specified licensees to sell alcoholic beverage for off-sale consumption for which their license permits on-sale consumption, subject to specified requirements, including that the beverages are packaged in specified containers.
This bill would authorize an airport operator, as defined, to permit the sale of alcoholic beverages for on-sale consumption in an expanded license area that includes an airside terminal space, as defined, by the holder of an on-sale license located in the airport terminal. The bill would require an airport operator to consult with the airlines operating at the airport
and local law enforcement before permitting the sale of alcoholic beverages, as specified. If so permitted, the bill would authorize an on-sale licensee to apply to the department for authorization to exercise license privileges in the expanded license area, subject to specified requirements, including posting appropriate signage regarding open container laws, as prescribed. The bill would authorize the department to subject a licensee’s authorization under this bill to terms and conditions, as specified.
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 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5.
(a)(b)
(c)
(d)
SEC. 2.
Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed.(a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.
(b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to
terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.
(c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at
any time.
(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
(a)For purposes of this section, the following definitions apply:
(1)“Airport operator” means a local agency operating an airport open to the general public pursuant to a valid permit issued by the Department of Transportation in accordance with the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code) and does not include any military base or federally operated facility.
(2)“Airside terminal space” refers to the area within an airport terminal that is accessible only after passengers have undergone and passed security screening processes. This space
includes, but is not limited to, boarding gates, passenger waiting areas, retail and dining areas, and walkways within the secure zone of the airport terminal. It excludes airline-specific membership lounges, other bars or restaurants not providing alcoholic beverages, the exterior of the airport terminal including pet relief and smoking areas, and the aircraft. This space is delineated by the airport’s security perimeter, which is the boundary separating the secure areas of the terminal, or post-security areas of the terminal, from the nonsecure areas, or pre-security areas of the terminal.
(3)“Post” means to prominently display on the premises or present in whatever manner is necessary to ensure that the consumer purchasing the alcoholic beverages to which this section applies is given notice of the required warning.
(b)(1)An airport operator may permit the sale of alcoholic beverages for on-sale consumption in an expanded license area that includes the airside terminal space by the holder of an on-sale license located in an airport terminal.
(2)Except as otherwise provided in a local ordinance regarding the possession of open containers in public places or the consumption of alcoholic beverages in public places, an airport operator may place health and safety restrictions on the on-sale consumption of alcoholic beverages within the airside terminal space, including, but not limited to, defining the specific areas within the airside terminal space where on-sale consumption is permitted and requiring alcoholic beverages sold for on-sale consumption to be in closed or
open containers.
(3)Before permitting the sale of alcoholic beverages pursuant to this subdivision, an airport operator shall consult with the airlines operating at the airport and local law enforcement.
(c)(1)If permitted by the airport operator pursuant to subdivision (b), the holder of an on-sale license located in an airport terminal may apply to the department for an authorization to exercise license privileges, including on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges, in the expanded license area that includes specified areas within the airside terminal space, subject to all of the following requirements:
(A)All licensees sharing a common licensed
area of the airside terminal space shall hold the same license type. This subdivision does not authorize any licensee to exercise license privileges that are not authorized by their license.
(B)The licensee shall sell no more than two containers of alcoholic beverages to each consumer, and each container has no more than (A) six ounces of wine, (B) 12 ounces of beer, or (C) four and one-half ounces of distilled spirits.
(C)The licensee shall use a distinguishable container that is clearly and conspicuously labeled or otherwise identified as containing an alcoholic beverage.
(D)All licensees holding licenses within a shared common licensed area shall be responsible for compliance with all laws that may subject
their license to discipline.
(E)The licensee shall post appropriate signage in the appropriate area or areas within the airside terminal space to notify consumers of restrictions regarding open container laws.
(2)Nothing in this subdivision shall authorize license privileges that are not otherwise authorized by a license.
(d)The department may subject an authorization pursuant to subdivision (c) to terms and conditions, including, but not limited to, that the department may terminate the authorization pursuant to Chapter 7 (commencing with Section 24200) as it deems necessary to effectuate its duties under this division, including, but not limited to, where any of the following has occurred:
(1)An objection by local law enforcement.
(2)The operation is inconsistent with state or local public health directives.
(3)The licensee is abusing the authorization.
(4)The licensee’s actions jeopardize public health, safety, or welfare.
