Bill Text: CA AB3206 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverages: hours of sale: arenas in the City of Inglewood.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 977, Statutes of 2024. [AB3206 Detail]

Download: California-2023-AB3206-Amended.html

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Amended  IN  Assembly  April 24, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3206

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Introduced by Assembly Member McKinnor

February 16, 2024

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An act to add and repeal Section Sections 23398.7 and 25631.5 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 3206, as amended, McKinnor. Alcoholic beverages: hours of sale: arenas in the City of Inglewood.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. Existing law provides that any on- or off-sale licensee, or agent or employee of a licensee who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor.

This bill would, notwithstanding the provision described above and until January 1, 2030, authorize alcoholic beverage sales to occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood if specified conditions are met, including met. In this regard, the bill would require that the sales occur in a private area in the arena no larger than 2,500 square feet in the hours immediately following a day on which a sporting event, concert, or other major event, or a private event not open to the public, has occurred in the arena, as specified. The bill would also require the licensee to file a request with the governing body of the City of Inglewood for adoption of an ordinance that would allow that activity, notify local law enforcement agencies of the request, and if such an ordinance is adopted, submit the ordnance to the department, as specified. The bill would require the licensee to have a permit issued by the department authorizing that activity. The bill would set the initial fee for this permit at $2000 and the renewal fee at $1,500, and would require those fees to be deposited into the Alcohol Beverage Control Fund.

The bill would authorize the department to adopt rules as it determines to be necessary for the administration of these provisions. The bill would require the City of Inglewood to submit a report to the department on the impact of these provisions one year after any licensee receives the required permit from the department and once annually thereafter, as specified.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Inglewood.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 23398.7 is added to the Business and Professions Code, to read:

23398.7.

 (a) Notwithstanding any other provision of this division, alcoholic beverage sales may occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood if the requirements described in Section 25631.5 are satisfied, including that a permit is issued by the department to the licensee authorizing that activity.

(b) (1) The initial, nonrefundable fee for a permit issued pursuant to subdivision (a) shall be two thousand dollars ($2,000).

(2) The annual fee to renew a permit issued pursuant to subdivision (a) shall be one thousand five hundred dollars ($1,500).

(c) The fees collected by the department pursuant to this section shall be deposited into the Alcohol Beverage Control Fund.

(d) The department may adopt rules as it determines to be necessary for the administration of this section.

(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SECTION 1.SEC. 2.

 Section 25631.5 is added to the Business and Professions Code, to read:

25631.5.

 (a) Notwithstanding Section 25631, alcoholic beverage sales may occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood if all of the following conditions are met:

(1) The licensee files a request with the governing body of the City of Inglewood for adoption of an ordinance that would allow alcoholic beverage sales to occur between 2 a.m. and 4 a.m. upon the on-sale licensed premises operated in a fully enclosed arena with a seating capacity of at least 18,000 seats located in the City of Inglewood, the governing body adopts such an ordinance, and the ordinance is submitted to the department.

(2) Within 30 consecutive days of filing the request pursuant to paragraph (1), the licensee notifies local law enforcement agencies of the request.

(1)

(3) The sales occur in an area in the arena no larger than 2,500 square feet, with a maximum capacity of 100 persons.

(4) The on-sale licensed premises are restricted between 2 a.m. and 4 a.m. only to patrons who are 21 years of age or older.

(2)

(5) The sales occur in a private area in the arena that is available only to members of a private club who are assessed dues in order to belong to the club and thereby gain access to the area, and guests of those members, when the member is in attendance.

(3)

(6) The sales occur in the hours immediately following a day on which a sporting event, concert, or other major event, or a private event not open to the public, has occurred in the arena.

(7) All persons engaged in the sale or service of alcoholic beverages between 2 a.m. and 4 a.m. have successfully completed a Responsible Beverage Service training course pursuant to Article 4 (commencing with Section 25680).

(8) The licensee has a permit issued by the department pursuant to Section 23398.7.

(b) The department may adopt rules as it determines to be necessary for the administration of this section.

(c) The City of Inglewood shall submit a report to the department on the impact of these provisions one year after any licensee is issued a permit from the department pursuant to Section 23398.7 and once annually thereafter. The report shall include information on any impact the additional service hours had on crime rates in the city, including arrests for driving under the influence, and related crimes.

(b)

(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 2. SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique conditions found in the City of Inglewood, relating to fair and efficient application of the alcoholic beverage control licensing laws with respect to an eligible arena.