Bill Text: CA SB1285 | 2015-2016 | Regular Session | Chaptered
Bill Title: Alcoholic beverages: licenses.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 790, Statutes of 2016. [SB1285 Detail]
Download: California-2015-SB1285-Chaptered.html
BILL NUMBER: SB 1285 CHAPTERED
BILL TEXT
CHAPTER 790
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 2, 2016
AMENDED IN SENATE APRIL 6, 2016
INTRODUCED BY Senator Leno
FEBRUARY 19, 2016
An act to add Section 23826.13 to the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1285, Leno. Alcoholic beverages: licenses.
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 also provides for a limitation on the amount of
on-sale general licenses that may be issued by the department based
on the population of the county in which the licensed premises are
located, as provided. Existing law also provides for various annual
fees for the issuance of alcoholic beverage licenses, depending on
the type of license issued.
This bill would, beginning January 1, 2017, provide an exception
to the license limitation for a county of the 6th class, as
specified, for 5 new original neighborhood-restricted special on-sale
general licenses for premises located within specified census tracts
in that county, subject to specified requirements. This bill would
impose an original fee and annual renewal fee for the license, which
would be deposited in the Alcohol Beverage Control Fund, and would
require an applicant for this license to submit a specified
application, submitted under the penalty of perjury, to the
Department of Alcoholic Beverage Control. This bill would also
require the applicant to submit a signed verification by the local
government in which the licensed premises would be located stating
that the applicant has completed certain preapplication requirements.
By requiring an applicant to submit an application under penalty
of perjury, thereby expanding the crime of perjury, this bill would
impose a state-mandated local program.
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 and that no reimbursement shall be made
pursuant to those statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23826.13 is added to the Business and
Professions Code, to read:
23826.13. (a) Notwithstanding any other provision of this
chapter, in any county of the sixth class, the department may issue
no more than a total of five new original neighborhood-restricted
special on-sale general licenses to premises located in any of the
census tracts listed in subdivision (b) beginning on January 1, 2017.
(b) To qualify for a license issued pursuant to this section, the
premises for which the license would apply shall be located within
one of the following United States Bureau of Census census tracts
located within the City and County of San Francisco:
(1) United States Bureau of the Census census tracts 612000,
232000, 234000, 233000, or 230030.
(2) United States Bureau of the Census census tracts 258000 or
257020.
(3) United States Bureau of the Census census tract 264030.
(4) United States Bureau of the Census census tracts 255000,
256000, 260020, 260010, 260040, 261000, or 263010.
(5) United States Bureau of the Census census tracts 309000,
310000, or 312010.
(6) United States Bureau of the Census census tracts 330000,
329010, 328010, 353000, or 354000.
(7) United States Bureau of the Census census tracts 328020,
329020, 351000, or 352010.
(c) In issuing the licenses pursuant to this section, the
department shall follow the procedure set forth in Section 23961. A
license shall not be issued pursuant to this section to an applicant
until any existing on-sale licenses issued to the applicant for the
same premises are canceled.
(d) (1) A person who currently holds an on-sale general license
for a premises shall not apply for a license issued pursuant to this
section for that licensed premises.
(2) In addition to the other requirements of this section, an
application for a neighborhood-restricted on-sale general license
shall be subject to all the requirements that apply to an on-sale
general license for a bona fide eating place.
(3) Prior to submitting an application for a license issued
pursuant to this section, the applicant shall conduct a minimum of
one preapplication meeting to discuss the application with neighbors
and members of the community within the census tract in which the
premises are located.
(A) The applicant shall hold the meeting either on the premises or
at an alternate location within a one-mile radius of the premises.
(B) The applicant shall mail notification of the preapplication
meeting to all of the following individuals and organizations at
least 14 calendar days before the meeting:
(i) Each resident within a 500-foot radius of the premises for
which the license is to be issued.
(ii) Any relevant neighborhood associations for the neighborhood
in which the premises is located, as identified on a list maintained
by the Planning Department of the City and County of San Francisco.
(iii) The Chief of Police for the San Francisco Police Department.
(C) Applicants for a neighborhood-restricted special on-sale
general license shall submit, on a form provided by the department,
signed verification by the local government body that states the
applicant has completed the preapplication meeting pursuant to this
section.
(e) (1) A license issued pursuant to this section shall not be
transferred between counties.
(2) A license issued pursuant to this section shall not be
transferred to any other premises. This provision shall not apply to
any licensee whose premises have been destroyed as a result of fire
or any act of God or other force beyond the control of the licensee,
for whom the provisions of Section 24081 shall apply.
(3) A license issued pursuant to this section shall not be
transferred to any person, partnership, limited partnership, limited
liability company, or corporation. This provision shall not apply to
licenses transferred under Section 24071, 24071.1, or 24071.2.
(f) Upon the cancellation of any license issued pursuant to this
section, the license shall be returned to the department for issuance
to a new applicant following the procedure set forth in Section
23961 and the provisions of this section.
(g) A person that holds a neighborhood-restricted special on-sale
general license issued pursuant to this section shall not exchange
his or her license for an on-sale license for public premises.
(h) Except as specified herein, a neighborhood-restricted special
on-sale general license may exercise all of the privileges, and is
subject to all the restrictions, of an on-sale general license for a
bona fide eating place.
(i) A neighborhood-restricted special on-sale general license
issued pursuant to this section shall not, with respect to beer and
wine, authorize the exercise of the rights and privileges granted by
an off-sale beer and wine license.
(j) (1) The original and annual fees, and any additional fees and
surcharges, shall be the same as those imposed upon an on-sale
general license for a bona fide eating place.
(2) All moneys collected from the fees imposed pursuant to this
section shall be deposited in the Alcohol Beverage Control Fund,
pursuant to Section 25761.
(k) The department shall adopt rules and regulations to enforce
the provisions of this section.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique distribution and market conditions of liquor
licenses in the City and County of San Francisco, that apply only to
the City and County of San Francisco.
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.
No reimbursement shall be made pursuant to Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government Code for
costs mandated by the state pursuant to this act. It is recognized,
however, that a local agency or school district may pursue any
remedies to obtain reimbursement available to it under Part 7
(commencing with Section 17500) and any other provisions of law.
