Bill Text: CA AB61 | 2021-2022 | Regular Session | Amended
Bill Title: Business pandemic relief.
Spectrum: Slight Partisan Bill (Democrat 16-6)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 651, Statutes of 2021. [AB61 Detail]
Download: California-2021-AB61-Amended.html
Amended
IN
Assembly
February 16, 2021 |
Introduced by Assembly Member Gabriel |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the California Emergency Services Act, permits the Governor to proclaim a state of emergency during conditions of disaster or of extreme peril to the safety of persons and property, including epidemics. Existing law provides that the proclamation takes effect immediately, affords specified powers to the Governor, and terminates upon further proclamation by the Governor or by concurrent resolution of the Legislature. The Governor proclaimed a state of emergency March 4, 2020, related to the COVID-19 pandemic.
This bill would state the intent of the Legislature to enact legislation that would relate to authorizing local jurisdictions to enact and operate programs that facilitate outdoor dining that is safe and consistent with public health guidelines during the COVID-19 pandemic.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 7 (commencing with Section 23520) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read:Article 7. Third-party Alcohol Delivery License
23520.
The department may issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a licensee under this division who is authorized to sell alcoholic beverages for consumption off the licensed premises. Except as provided in this article, delivery by a licensee under this article shall be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off-sale and deliver those alcoholic beverages to consumers.SEC. 2.
Article 6 (commencing with Section 24100) is added to Chapter 6 of Division 9 of the Business and Professions Code, to read:Article 6. Temporary License Modification
24100.
The department may adopt rules to establish procedures for the imposition of a reasonable condition, or the suspension of the operation and enforcement of a condition, in a license for a period not to exceed ____ days from the date of imposition or suspension. A temporary license modification pursuant to this chapter shall be limited to the following purposes:SEC. 3.
Section 25750.5 is added to the Business and Professions Code, to read:25750.5.
The department shall do both of the following:SEC. 4.
Section 65907 is added to the Government Code, to read:65907.
(a) Commencing January 1, 2022, a city, county, or city and county, shall not take discretionary action that would have the effect of delaying the final decision on an application for a parking zone variance or conditional use permit, including, but not limited to, a discretionary review, in connection with the outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining.SEC. 5.
Section 113980 of the Health and Safety Code is amended to read:113980.
(a) All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage; shall have been obtained from approved sources; shall be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)).SEC. 6.
Section 114069 of the Health and Safety Code is amended to read:114069.
(a) Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:(a)
(b)
(c)
(d)
SEC. 7.
Section 114266 of the Health and Safety Code is amended to read:114266.
(a) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.SEC. 8.
Section 22358.4 of the Vehicle Code is amended to read:22358.4.
(a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.SEC. 9.
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.It is the intent of the Legislature to enact legislation that would relate to allowing local jurisdictions to enact and operate programs that facilitate outdoor dining that is safe and consistent with public health guidelines during the COVID-19 pandemic.