Bill Text: CA AB840 | 2019-2020 | Regular Session | Amended


Bill Title: Alcoholic beverages: licenses: imports.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-12 - From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. [AB840 Detail]

Download: California-2019-AB840-Amended.html

Amended  IN  Assembly  April 12, 2019
Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 840


Introduced by Assembly Member Dahle

February 20, 2019


An act to amend Section 23661 of, and to add Section 23399.52 to, the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 840, as amended, Dahle. Alcoholic beverages: licenses: imports.
(1) Existing law makes it unlawful for any person other than a licensee of the Department of Alcoholic Beverage Control to sell, manufacture, or import alcoholic beverages in this state, but provides for exemptions to the license or permit requirement under specified circumstances.
This bill would provide that a license or a permit is not required for the sale, service, or furnishing of alcoholic beverages on a specified premises located in this state and Nevada pursuant to an annual certificate issued by the Department of Alcoholic Beverage Control, subject to specified restrictions. The bill would additionally authorize the enforcement of specified criminal provisions on the premises.
This bill would make legislative findings and declarations as to the necessity of a special statute for premises located in the County of Placer and Nevada.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(2) The Alcoholic Beverage Control Act imposes restrictions on the means and manner by which alcoholic beverages are imported into the state for delivery or use within the state, as provided, and provides exceptions to these restrictions for specified amounts of alcoholic beverages brought in the state for personal or household use, as specified.
This bill would additionally provide that the restrictions on importation are not applicable to incidental amounts of alcoholic beverages brought into this state by an adult for personal use from a hotel that is jointly located within the jurisdictions of this state and Nevada.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 23399.52 is added to the Business and Professions Code, to read:

23399.52.
 (a) A Notwithstanding any other provision of this division, a license or permit is not required for the sale, service, or furnishing of alcoholic beverages to a person 21 years of age or older for personal use under the following conditions:
(1) The sale, service, or furnishing of alcoholic beverages takes place on a premises located on a contiguous site of at least three acres in the County of Placer and at least eight acres in the County of Washoe, Nevada. not less than three acres, and not more than seven acres, in the County of Placer and at least eight acres in the County of Washoe, State of Nevada, where the gross floor area of structures in the County of Placer is no greater than 20 percent of the total gross floor area of all structures located in both counties.
(2) The premises consists of a restaurant, casino, conference center, and guestroom guestrooms and the casino, including all gambling operations, is located in the State of Nevada.
(3) The portion of the premises located in the State of Nevada is licensed by the County of Washoe for the sale and service of alcoholic beverages.
(4) The owner of the premises requests an annual certificate from the department authorizing the department, pursuant to Section 25755, to visit, inspect, and enforce the provisions of Sections 25601, 25602, and 25658 24200.5, 25177, 25601, 25602, 25609, 25631, 25632, 25657, 25658, and 25663 upon the premises. The owner of the premises shall be considered a licensee subject to the department’s jurisdiction for purposes of enforcement of these sections only. The department may suspend or revoke the annual certificate. The certificate, and the department may accept payment of an offer in compromise in lieu of suspension, after a hearing which shall be held in the County of Sacramento, for a violation of Sections 25601, 25602, and 25658 only. suspension as provided for in this division after a hearing that shall be held in the County of Sacramento for violation of these sections only.
(5) The request for an annual certificate shall be made prior to January 15 of each calendar year. Failure to request the certificate shall suspend the authorization to sell, serve, or furnish alcoholic beverages pursuant to this section until the request is made. The original and annual fee for the certificate shall be one hundred dollars ($100) and shall be adjusted pursuant to subdivisions (b) and (c) of thousand dollars ($1,000) and shall be adjusted pursuant to Section 23320. All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.
(b) No other provisions of this division shall apply to the sale, service, or furnishing of alcoholic beverages pursuant to this section. Issuance of this certificate shall not entitle the owner to obtain a caterer’s permit pursuant to Section 23399.
(c) 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 circumstances of the premises located in both the County of Placer and the State of Nevada.

SEC. 2.

 Section 23661 of the Business and Professions Code is amended to read:

23661.
 (a) Except as otherwise provided in this section, alcoholic beverages shall be brought into this state from without this state for delivery or use within the state only by common carriers and only when the alcoholic beverages are consigned to a licensed importer, and only when consigned to the premises of the licensed importer or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division.
(b) The provisions of this chapter are not applicable in the case of alcoholic beverages which are sold and delivered by a licensee in this state to another licensee in this state, and which in the course of delivery are taken without this state through another state without any storage thereof in such other state.
(c) The provisions of subdivision (a) are not applicable in the case of a reasonable amount of alcoholic beverages brought into this state by an adult from without the United States for personal or household use, except that a California resident returning to the United States by a vehicle which is not a common carrier, or any adult entering the United States as a pedestrian, shall be restricted to the amount of alcoholic beverages which are exempt from the payment of duty in accordance with existing provisions of federal law. These alcoholic beverages shall be exempt from state licensing restrictions.
(d) The provisions of subdivision (a) are not applicable to incidental amounts of alcoholic beverages brought into this state by an adult for personal use from a hotel that is jointly located within the jurisdictions of this state and Nevada.
(e) The provisions of subdivision (a) are not applicable in the case of alcoholic beverages shipped into this state from without the United States by an adult member of the armed forces of the United States, serving outside the confines of the United States, for their personal or household use within the state in such quantity of alcoholic beverages as is exempt from the payment of duty under existing provisions of the Federal Tariff Act or regulations. These alcoholic beverages may be brought into this state only by common carrier and consigned to the premises of a licensed importer or customs broker, or to a licensed importer or customs broker at the premises of a public warehouse licensed under this division. Notwithstanding any other provisions of this division, the holder of an importer’s license, a customs broker’s license, or a public warehouse license, may make delivery of such alcoholic beverages as may be brought into this state under the provisions of this paragraph directly to the owner thereof upon satisfactory proof of identity. This delivery shall not be deemed to constitute a sale in this state.
(f) A manufacturer of distilled spirits shall transport such distilled spirits into this state in motor vehicles owned by or leased to the manufacturer, and operated by employees of the manufacturer, only if all of the following apply.
(1) The distilled spirits are transported into this state from a place of manufacture within the United States.
(2) The manufacturer holds a California distilled spirits manufacturer’s license.
(3) Delivery is made to the licensed premises of such distilled spirits manufacturer.

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 circumstances of the premises located in both the County of Placer and the State of Nevada.

SEC. 4.SEC. 3.

 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.
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