Bill Text: CA AB840 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Alcoholic beverages: licenses: imports.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-09-27 - Chaptered by Secretary of State - Chapter 355, Statutes of 2019. [AB840 Detail]
Download: California-2019-AB840-Amended.html
Notwithstanding any other provision of this division, a license or permit is not required for A special on-sale general license issued pursuant to this section shall authorize the sale, service, or furnishing of alcoholic beverages to a person 21 years of age or older for personal use under the following conditions:
Bill Title: Alcoholic beverages: licenses: imports.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-09-27 - Chaptered by Secretary of State - Chapter 355, Statutes of 2019. [AB840 Detail]
Download: California-2019-AB840-Amended.html
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Amended
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May 01, 2019 |
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Amended
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April 12, 2019 |
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Amended
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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 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. The act 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.
with exceptions.
This bill would provide that a license or a permit is not required for authorize the sale, service, or furnishing of alcoholic beverages on a specified premises located in this state and Nevada pursuant to an annual certificate special on-sale general license 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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)(1) The sale, service, or furnishing of alcoholic beverages takes place on a premises located on a contiguous site of
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 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
special on-sale general license from the department authorizing the department, pursuant to Section 25755, to visit, inspect, and enforce the provisions of Sections 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, special on-sale general license, and the department may accept payment of an offer in compromise in lieu of 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 special on-sale general license shall be made prior to January 15 of each calendar year. Failure to request the certificate special on-sale general license shall suspend the authorization to sell, serve, or furnish alcoholic beverages pursuant to this section until the request is made. The application fee and the fee for the original and
special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license. The annual fee for the certificate special on-sale general license shall be one thousand dollars ($1,000) the same as that provided for in Section 23320 pursuant to Section 23320.1 for an on-sale general license 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 special on-sale general license 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 that 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 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. 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.
