Bill Text: CA SB314 | 2021-2022 | Regular Session | Amended
Bill Title: Alcoholic beverages.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State. Chapter 656, Statutes of 2021. [SB314 Detail]
Download: California-2021-SB314-Amended.html
|
Amended
IN
Senate
April 13, 2021 |
| Introduced by Senator Wiener (Principal coauthors: Assembly Members Quirk and Villapudua) ( (Coauthors: Assembly Members Aguiar-Curry, Carrillo, Chiu, Eduardo Garcia, Gray, Mayes, and Ting) |
February 04, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would authorize the department to issue a COVID-19 permanent caterer’s authorization to a licensee under an on-sale general license. The authorization would authorize the on-site consumption of the alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, as specified. The bill would require the department to expedite the review of an application for an authorization, as specified. By broadening the definition of a crime, this bill would impose a state-mandated local program.
(2)Existing law makes it a misdemeanor for a licensee under an on-sale license issued for public premises, as defined, to permit a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein.
This bill would permit a licensee under an on-sale license issued for public premises to permit a person under the age of 21 years to enter and remain in the licensed premises provided that alcoholic beverages are not sold, served, or consumed on the premises during the time that a person under the age of 21 years is present.
(3)Existing law provides for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued. Existing law additionally authorizes specified alcoholic beverage licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee, under certain conditions, if the on-sale retail licensee is the owner, manager, agent of the owner, assignee of the owner’s advertising rights, or major tenant of specified facilities.
This bill would authorize the department to issue a
music venue license that would allow the licensee to sell beer, wine, and distilled spirits at retail for consumption on the premises in a music entertainment facility, as defined. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. The bill would provide for the purchases of advertising time and space with revised parameters, including that the parties submit a declaration to the department relating to the agreement to purchase advertising time and space.
(4)Existing law requires the department to hold a hearing on a protest, accusation, or petition for a license in the county in which the premises or license is located, except as provided, and to be conducted in accordance with specified administrative procedures.
This bill would require the department to a hearing described above
within 6 months after the filing of a protest, accusation, or petition for a license.
(5)Existing law permits specified licensees, or their authorized agents, to provide, free of charge, entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event, subject to various conditions, including a limitation on the number of events the authorized person may conduct in a year, as provided.
This bill would delete the above-described condition.
(6)
This bill would provide that a licensee that shares a licensed premises with another licensee but does not operate at the same
time as the other licensee is responsible for compliance with the act and for any violation that occurs on the premises only during the time when that licensee operates under its license.
(7)Under existing law, any person possessing an open container of an alcoholic beverage in any city, county, or city and county-owned public place, as specified, or any regional park or recreation and park district, is guilty of an infraction if the city or county has enacted an ordinance that prohibits the possession of those containers or the consumption of alcoholic beverages in those areas, except as specified.
The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified.
This bill would authorize a city, including a charter city, county, or city and county, to allow in commercial zones the consumption of alcoholic beverages, including the possession of an open container of an alcoholic
beverage.
(8)This bill would make various conforming changes.
(9)
(10)
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)An applicant for a new permanent license, which shall not include duplicate licenses, shall accompany the application with the application fee as specified in this division:
(1)The license application fee for a new permanent license shall be nine hundred five dollars ($905), except as otherwise specified.
(2)Applicants for a new permanent license of the following types shall accompany the application with a fee of fifteen thousand eight hundred thirty-five dollars ($15,835):
(A)Off-sale general (Type 21).
(B)On-sale general - eating place (Type 47), on-sale general
public premises (Type 48), special on-sale general (Type 57), special on-sale general for-profit theater (Type 71 and Type 72), brewpub-restaurant (Type 75), caterer’s (Type 83), neighborhood restricted special on-sale (Type 87), special on-sale general license for historic cemetery (Type 88), and music venue license (Type 90).
(3)Applicants for a new permanent license of the following types shall accompany the application with a fee as indicated:
(A)Twelve thousand dollars ($12,000) for a wine, food and art cultural museum (Type 78).
(B)Six thousand dollars ($6,000) for an on-sale general - eating place on public property (Type 47), for an on-sale general restrictive service (Type 70), and for a music venue on public property (Type 90).
(C)Two thousand dollars ($2,000) for an on-sale general dockside (Type 62).
(D)One thousand dollars ($1,000) for a special on-sale general theater (Type 64).
(E)One hundred dollars ($100) for an
out-of-state beer manufacturer certificate (Type 26), for a distilled spirits shipper certificate (Type 28), and for a direct shipper permit (Type 82).
(F)One hundred dollars ($100) for a still (Type 6).
(b)The following are the types of licenses and the annual fees to be charged therefor:
(1)(A)For a Type 01 - Beer manufacturer that produces more than 60,000 barrels per year: the fee through September 30, 2019, is one thousand five hundred thirty-one dollars ($1,531) and the fee on and after October 1, 2019, is one thousand eight hundred ninety dollars ($1,890).
(B)For a Duplicate Type 01: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is four hundred thirty dollars
($430).
(2)(A)For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(B)For a Type 02 - Winegrower (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(C)For a Type 02 - Winegrower (to be computed only on the gallons produced); 20,000 - 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(D)For a Type 02 - Winegrower (to be computed only on the gallons produced); 100,000 - 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(E)For a Type 02 - Winegrower (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Type 02 - Winegrower (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(G)For a Duplicate Type 02: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(3)(A)For a Type 03 - Brandy manufacturer: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(B)For a Duplicate Type 03: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(4)For a Type 04 - Distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred
ninety-five dollars ($595).
(5)For a Type 05 - Distilled spirits manufacturer’s agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(6)For a Type 06 - Still: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(7)For a Type 07 - Rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(8)For a Type 08 - Wine rectifier: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five
hundred ninety-five dollars ($595).
(9)For a Type 09 - Beer and wine importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(10)For a Type 10 - Beer and wine importer’s general license: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(11)For a Type 11 - Brandy importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(12)For a Type 12 - Distilled spirits importer: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after
October 1, 2019, is one hundred ten dollars ($110).
(13)For a Type 13 - Distilled spirits importer’s general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(14)(A)For a Type 14 - Public warehouse: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(B)For a Duplicate Type 14: the fee through September 30, 2019, is one dollar ($1) and the fee on and after October 1, 2019, is twenty-five dollars ($25).
(15)For a Type 15 - Customs broker: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and
after October 1, 2019, is one hundred ten dollars ($110).
(16)For a Type 16 - Wine broker: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(17)For a Type 17 - Beer and wine wholesaler: the fee through September 30, 2019, is three hundred forty dollars ($340) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(18)For a Type 18 - Distilled spirits wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(19)For a Type 19 - Industrial alcohol dealer: the fee through September 30, 2019, is one hundred three
dollars ($103) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(20)For a Type 20 - Off-sale beer and wine: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(21)For a Type 21 - Off-sale general: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(22)(A)For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 gallons or less: the fee through September 30, 2019, is seventy-one dollars ($71) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(B)For a Type 22 - Wine blender (to be computed only on the gallons produced); 5,000 - 20,000 gallons: the fee through September 30, 2019, is one hundred thirty-two dollars ($132) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(C)For a Type 22 - Wine blender (to be computed only on the gallons produced); 20,000 gallons - 100,000 gallons: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(D)For a Type 22 - Wine blender (to be computed only on the gallons produced); 100,000 - 200,000 gallons: the fee through September 30, 2019, is three hundred fourteen dollars ($314) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(E)For a
Type 22 - Wine blender (to be computed only on the gallons produced); 200,000 - 1,000,000 gallons: the fee through September 30, 2019, is four hundred sixty-six dollars ($466) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Type 22 - Wine blender (to be computed only on the gallons produced); for each additional 1,000,000 gallons over 1,000,000 gallons: the fee through September 30, 2019, is three hundred thirteen dollars ($313) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(23)(A)For a Type 23 - Small beer manufacturer that produces 60,000 barrels or less a year: the fee through September 30, 2019, is one hundred eighty-four dollars ($184) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(B)For a Duplicate Type 23: the fee through September 30, 2019, is ninety-eight dollars ($98) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(24)For a Type 24 - Distilled spirits rectifier’s general license: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(25)For a Type 25 - California brandy wholesaler: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(26)For a Type 26 - Out-of-state beer manufacturer certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars
($110).
(27)For a Type 27 - California winegrower’s agent: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is five hundred ninety-five dollars ($595).
(28)For a Type 28 - Out-of-state distilled spirits shipper certificate: the fee through September 30, 2019, is seventy-nine dollars ($79) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(29)For a Type 29 - Winegrape grower storage: the fee through September 30, 2019, is ninety dollars ($90) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(30)For a Type 40 - On-sale beer: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October
1, 2019, is three hundred eighty dollars ($380).
(31)For a Type 41 - On-sale beer and wine eating place: the fee through September 30, 2019, is three hundred eighty-four dollars ($384) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(32)For a Type 42 - On-sale beer and wine pub premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(33)For a Type 43 - On-sale beer and wine train: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(34)For a Type 44 - On-sale beer and wine fishing party boat: the fee
through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(35)For a Type 45 - On-sale beer and wine boat: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(36)For a Type 46 - On-sale beer and wine airplane: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(37)(A)For a Type 47 - On-sale general eating place in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety
dollars ($1,190).
(B)For a Type 47 - On-sale general eating place in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 47 - On-sale general eating place in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 47 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 47 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 47 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(38)(A)For a Type 48 - On-sale general public premises in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 48 - On-sale general public premises in cities
of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 48 - On-sale general public premises in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 48 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 48 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred
thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 48 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(39)(A)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(B)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is four hundred ninety-four dollars ($494) and the fee on and
after October 1, 2019, is six hundred fifty dollars ($650).
(C)For a Type 49 - On-sale general - seasonal business in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is seven hundred forty-one dollars ($741) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(D)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(E)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350)
and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(F)For a Type 49 - On-sale general - seasonal business in cities of less than 40,000, but more than 20,000 population per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(G)For a Type 49 - On-sale general - seasonal business in all other localities per 3 months: the fee through September 30, 2019, is one hundred fifty-three dollars ($153) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(H)For a Type 49 - On-sale general - seasonal business in all other localities per 6 months: the fee through September 30, 2019, is three hundred six dollars ($306) and the fee on and after October 1,
2019, is three hundred eighty dollars ($380).
(I)For a Type 49 - On-sale general - seasonal business in all other localities per 9 months: the fee through September 30, 2019, is four hundred fifty-eight dollars ($458) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(J)For a Duplicate Type 49 in cities of 40,000 population or over per 3 months: the fee through September 30, 2019, is one hundred seventy-six dollars ($176) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(K)For a Duplicate Type 49 in cities of 40,000 population or over per 6 months: the fee through September 30, 2019, is three hundred fifty dollars ($350) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(L)For a Duplicate Type 49 in cities of 40,000 population or over per 9 months: the fee through September 30, 2019, is five hundred twenty-six dollars ($526) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(M)For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 population or over per 3 months: the fee through September 30, 2019, is one hundred three dollars ($103) and the fee on and after October 1, 2019, is one hundred twenty-five dollars ($125).
(N)For a Duplicate Type 49 in cities of less than 40,000, but more than 20,000 per 6 months: the fee through September 30, 2019, is two hundred seven dollars ($207) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).
(O)For a Duplicate Type 49 in cities of less than 40,000, but
more than 20,000 population or over per 9 months: the fee through September 30, 2019, is three hundred eleven dollars ($311) and the fee on and after October 1, 2019, is three hundred seventy-five dollars ($375).
(P)For a Duplicate Type 49 in all other localities per 3 months: the fee through September 30, 2019, is eighty-one dollars ($81) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(Q)For a Duplicate Type 49 in all other localities per 6 months: the fee through September 30, 2019, is one hundred sixty-six dollars ($166) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(R)For a Duplicate Type 49 in all other localities per 9 months: the fee through September 30, 2019, is two hundred forty-seven dollars ($247) and the fee on and after October 1, 2019,
is three hundred twenty-five dollars ($325).
(40)(A)For a Type 50 - On-sale general license for bona fide clubs in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(B)For a Type 50 - On-sale general license for bona fide clubs in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C)For a Type 50 - On-sale general license for bona fide clubs in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is
four hundred thirty dollars ($430).
(41)(A)For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(B)For a Type 51 - Club license (issued under Article 4 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C)For a Type 51 - Club license (issued under Article 4 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred seventy-three dollars ($373) and the fee on and after
October 1, 2019, is four hundred thirty dollars ($430).
(42)(A)For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(B)For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C)For a Type 52 - Veterans’ club license (issued under Article 5 of this chapter) in all other localities: the fee through September 30, 2019, is three hundred
seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(43)(A)For a Type 53 - On-sale general train: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(B)For a Duplicate Type 53: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(44)For a Type 54 - On-sale general boat: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(45)(A)For a Type 55 -
On-sale general license for airplanes: the fee through September 30, 2019, is five hundred sixty-three dollars ($563) and the fee on and after October 1, 2019, is six hundred fifty dollars ($650).
(B)For a Duplicate Type 55 for air common carriers: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(46)(A)For a Type 56 - On-sale general license for vessels of more than 1,000 tons burden: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(B)For a Duplicate Type 56: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten
dollars ($110).
(47)(A)For a Type 57 - Special on-sale general in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 57 - Special on-sale general in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 57 - Special on-sale general in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 57 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 57 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 57 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(48)(A)For a Type 58 - Caterer’s permit; on-sale
general or on-sale beer and wine: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after October 1, 2019, is two hundred fifteen dollars ($215).
(B)For a Type 58 - Caterer’s permit; club in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(C)For a Type 58 - Caterer’s permit; club in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(D)For a Type 58 - Caterer’s permit; club in all other localities: the fee through September 30, 2019, is six
hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(49)(A)For a Type 59 - On-sale beer and wine seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and after October 1, 2019, is two hundred fifty dollars ($250).
(B)For a Type 59 - On-sale beer and wine seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).
(50)(A)For a Type 60 - On-sale beer seasonal; operating period 3-9 months: the fee through September 30, 2019, is two hundred thirty-nine dollars ($239) and the fee on and
after October 1, 2019, is two hundred fifty dollars ($250).
(B)For a Type 60 - On-sale beer seasonal; operating period 3-6 months: the fee through September 30, 2019, is one hundred sixty-two dollars ($162) and the fee on and after October 1, 2019, is one hundred seventy-five dollars ($175).
(51)For a Type 61 - On-sale beer public premises: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(52)For a Type 62 - On-sale general license dockside: the fee through September 30, 2019, is six hundred nine dollars ($609) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(53)For a Type 63 - On-sale special beer and
wine hospital: the fee through September 30, 2019, is ninety-six dollars ($96) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(54)(A)For a Type 64 - Special on-sale general theater in cities of 40,000 population or over: the fee through September 30, 2019, is five hundred sixty dollars ($560) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(B)For a Type 64 - Special on-sale general theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred twenty dollars ($420) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C)For a Type 64 - Special on-sale general theater in all other localities: the fee through September 30, 2019, is three
hundred seventy-three dollars ($373) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(55)For a Type 65 - Special on-sale beer and wine symphony: the fee through September 30, 2019, is two hundred eighty-four dollars ($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(56)For a Type 66 - Controlled access cabinet: the fee through September 30, 2019, is six hundred seventeen dollars ($617) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(57)For a Type 67 - Bed and breakfast inn; per room: the fee through September 30, 2019, is eight dollars ($8) and the fee on and after October 1, 2019, is ten dollars ($10).
(58)(A)For a
Type 68 - Portable bar in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(B)For a Type 68 - Portable bar in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(C)For a Type 68 - Portable bar in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(59)For a Type 69 - Special on-sale beer and wine theater: the fee through September 30, 2019, is two hundred eighty-four dollars
($284) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(60)(A)For a Type 70 - On-sale general restrictive service in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 70 - On-sale general restrictive service in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 70 - On-sale general restrictive service in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the
fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(61)(A)For a Type 71 - Special on-sale general for-profit theater in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 71 - Special on-sale general for-profit theater in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 71 - Special on-sale general for-profit theater in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars
($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 71 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 71 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 71 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(62)(A)For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 72 - Special on-sale general for-profit theater, Napa County in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 72 - Special on-sale general for-profit theater, Napa County in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019,
is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 72 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 72 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 72 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(63)For a Type 73 -
Special nonprofit sales: the fee through September 30, 2019, is one hundred fourteen dollars ($114) and the fee on and after October 1, 2019, is one hundred sixty dollars ($160).
(64)For a Type 74 - Craft distilled spirits manufacturer: the fee through September 30, 2019, is five hundred ten dollars ($510) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(65)(A)For a Type 75 - Brewpub-restaurant in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 75 - Brewpub-restaurant in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven
hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 75 - Brewpub-restaurant in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 75 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 75 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 75 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(66)(A)For a Type 76 - On-sale general maritime museum: the fee through September 30, 2019, is two hundred seventeen dollars ($217) and the fee on and after October 1, 2019, is three hundred twenty-five dollars ($325).
(B)For a Duplicate Type 76: the fee through September 30, 2019, is seventy-seven dollars ($77) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(67)For a Type 77 - Event permit: the fee through September 30, 2019, is one hundred forty-six dollars ($146) and the fee on and after
October 1, 2019, is two hundred fifteen dollars ($215).
(68)(A)For a Type 78 - On-sale general wine, food and art cultural museum in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 78 - On-sale general wine, food and art cultural museum in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 78 - On-sale general wine, food and art cultural museum in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars
($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 78 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 78 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 78 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(69)For a Type 79 - Certified farmers’ market: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(70)For a Type 80 - Special on-sale general; per room: the fee through September 30, 2019, is seventeen dollars ($17) and the fee on and after October 1, 2019, is twenty dollars ($20).
(71)For a Type 81 - Wine sales event permit: the fee through September 30, 2019, is fifty dollars ($50) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(72)For a Type 82 - Direct shipper permit: the fee through September 30, 2019, is ten dollars ($10) and the fee on and after October 1, 2019, is twenty-five dollars ($25).
(73)(A)For a Type 83 - On-sale general caterer’s permit in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 83 - On-sale general caterer’s permit in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 83 - On-sale general caterer’s permit in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(74)For a Type 84 - Certified farmers’ market beer: the fee through September 30, 2019, is fifty-eight dollars ($58) and the fee on and after October 1, 2019, is one hundred ten dollars ($110).
(75)For a Type 85 - Limited off-sale wine license: the fee through September 30, 2019, is two hundred seventy-eight dollars ($278) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(76)For a Type 86 - Instructional tasting license: the fee through September 30, 2019, is three hundred dollars ($300) and the fee on and after October 1, 2019, is three hundred eighty dollars ($380).
(77)(A)For a Type 87 - Neighborhood restricted special on-sale in cities of 40,000 population or over: the fee through September
30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one hundred ninety dollars ($1,190).
(B)For a Type 87 - Neighborhood restricted special on-sale in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 87 - Neighborhood restricted special on-sale in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 87 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and
the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 87 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 87 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(78)(A)For a Type 88 - Special on-sale general license for historic cemetery in cities of 40,000 population or over: the fee through September 30, 2019, is nine hundred seventy-one dollars ($971) and the fee on and after October 1, 2019, is one thousand one
hundred ninety dollars ($1,190).
(B)For a Type 88 - Special on-sale general license for historic cemetery in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is seven hundred eleven dollars ($711) and the fee on and after October 1, 2019, is nine hundred seventy dollars ($970).
(C)For a Type 88 - Special on-sale general license for historic cemetery in all other localities: the fee through September 30, 2019, is six hundred thirty-two dollars ($632) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(D)For a Duplicate Type 88 in cities of 40,000 population or over: the fee through September 30, 2019, is six hundred ninety-nine dollars ($699) and the fee on and after October 1, 2019, is seven hundred fifty-five dollars ($755).
(E)For a Duplicate Type 88 in cities of less than 40,000, but more than 20,000 population: the fee through September 30, 2019, is four hundred thirteen dollars ($413) and the fee on and after October 1, 2019, is five hundred forty dollars ($540).
(F)For a Duplicate Type 88 in all other localities: the fee through September 30, 2019, is three hundred twenty-six dollars ($326) and the fee on and after October 1, 2019, is four hundred thirty dollars ($430).
(79)For a Type 89 - COVID-19 permanent caterer’s authorization: the fee is one hundred dollars ($100).
(80)For a Type 90 - Music venue license in cities of 40,000 population or over: the fee is one thousand one hundred
ninety dollars ($1,190).
(81)For a Type 90 - Music venue license in cities of less than 40,000, but more than 20,000 population: the fee is nine hundred seventy dollars ($970).
(82)For a Type 90 - Music venue license in all other localities: the fee is seven hundred fifty-five dollars ($755).
(c)(1)In addition to the application fee for a new permanent license as specified in subdivision (a), an annual renewal fee, as set forth in subdivision (b), shall accompany the application. The application fee shall be nonrefundable up to the amount of the application fee in paragraph (1) of subdivision (a), as adjusted by subdivisions (d) and (e). The annual fee provided at the time of application shall allow the license to be active for one year from the date of issuance and
shall be refundable only in the event that the license application is withdrawn or denied.
(2)If an application includes multiple new permanent licenses to be issued at the same premises, the application fee shall be required for only one of the applied-for licenses and an application fee shall not be charged for the remainder of the licenses. In situations involving different license types, the application fee to be paid shall be the highest such fee as specified in subdivision (a). Notwithstanding this provision, the annual renewal fee required pursuant to this subdivision shall be payable for each license.
(d)Beginning January 1, 2021, and each January 1 thereafter, the department may adjust each of the fees specified in this section by increasing each fee by an amount not to exceed the percentage that the California Consumer Price Index (California Department of Industrial
Relations, Division of Labor Statistics and Research, All Items, Base Period 1982-84=100) for the preceding August 2019, and each August annually thereafter, has increased under the same index over the month of August 2018, which shall be the base period. The department shall not adjust fees pursuant to this section if the balance of the Alcohol Beverage Control Fund at the end of the prior fiscal year is greater than one-fourth of the department’s appropriation from the Alcohol Beverage Control Fund for the current fiscal year. No fee shall be decreased pursuant to this adjustment below the fee currently in effect on each December 31. If the accumulation of percentage increases is greater than 8 percent, the department shall not adjust fees without the Legislature’s approval through the budget process. In the event that this index is discontinued, the department shall consult with the Department of Finance to convert the increase calculations to an index then available. When approved by the Department of
Finance, the new index shall replace the discontinued index.
(e)When fees are adjusted pursuant to subdivision (d), the department shall calculate the percentage increase as specified in that subdivision and shall apply this increase to each fee. The increase to each fee shall be rounded to the nearest whole five dollars ($5). The adjusted fee list, to be effective on January 1 of the upcoming year, shall be published by the department on its internet website and transmitted in writing to the Chairperson of the Joint Legislative Budget Committee no later than January 10 of the year before it becomes effective. This adjustment of fees and publication of the adjusted fee list is not subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(a)A licensee under an on-sale general license, may apply to the department for a COVID-19 permanent caterer’s authorization. A licensee shall not be required to have a caterer’s permit issued pursuant to Section 23399 to qualify for this authorization. The COVID-19 permanent caterer’s authorization authorizes the on-site consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises and that is under the control of the licensee.
(b)Adjacent areas under the control of the licensee include, but are not limited to, all of the following:
(1)Indoor areas that are accessible from within the licensed
premises but not currently licensed.
(2)Outdoor areas that are accessible from the licensed premises but not currently licensed.
(3)Indoor and outdoor areas under the control of the licensee and one or more other businesses.
(4)Parking lots.
(5)Sidewalks and other public thoroughfares that are closed to public access during the period of service.
(6)Other areas within close proximity to the licensed premises that are immediately accessible to the licensee, and that are secured by and under the control of the licensee.
(c)In all adjacent areas described in subdivision (b), the licensee may exercise only those privileges
authorized by the licensee’s license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises. A violation of those provisions may be grounds for suspension or revocation of the licensee’s license or authorization, or both, as though the violation occurred on the licensed premises.
(d)(1)If the authorized adjacent area is utilized by one or more other licensees, all licensees sharing the area shall be jointly responsible for compliance with all applicable laws and rules pertaining to their respective licenses and authorizations and for any violations that occur within the shared common authorized adjacent area. A licensee may terminate its liability for a shared common authorized area by canceling its COVID-19 permanent caterer’s authorization at any time.
(2)Each licensee sharing the common authorized adjacent area shall have a separate COVID-19 permanent caterer’s authorization.
(3)An on-sale public premises licensee shall not share an area with a nonpublic premises licensee.
(e)Licensees who possess an active COVID-19 temporary catering authorization on January 1, 2022, issued by the department may continue operating pursuant to that authorization until it expires. Thereafter, the licensee may apply for a COVID-19 permanent caterer’s authorization pursuant to this section.
(f)The fee for a COVID-19 permanent caterer’s authorization shall be the annual fee as specified in subdivision (b) of Section 23320 and the permit may be renewable annually at the same time as the licensee’s license. A COVID-19 permanent caterer’s authorization shall be
transferable as a part of the license.
(g)The department shall expedite the review of an application for a COVID-19 permanent caterer’s authorization and shall approve or deny an application no later than six months after receiving the application.
SEC. 3.SECTION 1.
Section 23399 of the Business and Professions Code is amended to read:23399.
(a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans’ club license may apply to the department for a caterer’s permit. A caterer’s permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterer’s permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterer’s permit under a club license or a veterans’ club license shall authorize sales at these events only upon the licensed club premises.(f)The department shall expedite the review of an application for a caterer’s permit.
SEC. 2.
Section 23399 is added to the Business and Professions Code, to read:23399.
(a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans’ club license may apply to the department for a caterer’s permit. A caterer’s permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterer’s permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterer’s permit under a club license or a veterans’ club license shall authorize sales at these events only upon the licensed club premises.Notwithstanding any other provision of law, a licensee under an on-sale license issued for public premises may permit a person under the age of 21 years to enter and remain on the licensed premises provided that alcoholic beverages are not sold, served, or consumed on the premises during the time that a person under the age of 21 years is present.
A licensee that shares a licensed premises with another licensee but does not operate under their license at the same time as the other licensee shall be responsible for compliance with the provisions of this division and for any violations that occur on the licensed premises only during the time when that licensee operates under their license.
For purposes of this article:
(a)“Agreement” includes any amendment, modification, other revision, or extensions to the agreement if it relates in any manner to the purchase of advertising space and time at the music entertainment facility from the owner or major tenant of the facility.
(b)“Authorized licensee” means a winegrower, rectifier, California winegrower’s agent, beer manufacturer, holder of an out-of-state beer manufacturer’s certificate, distilled spirits manufacturer, holder of a distilled spirits rectifier’s general license, distilled spirits manufacturer’s agent, brandy manufacturer, holder of an out-of-state distilled spirits shipper’s certificate, holder of a distilled spirits
importer’s general license, craft distiller, or holder of a beer and wine importer’s general license.
(c)“On-sale licensee” means a person holding an on-sale general music venue license to serve alcoholic beverages on the premises of a music entertainment facility.
(d)“Music venue license” means an on-sale general for music entertainment facility bona fide public eating place license issued pursuant to this article.
(e)“Music entertainment facility” means a publicly or privately owned concert hall, auditorium, or an enclosed arena with a spectator capacity exceeding 25 people where music or entertainment events are presented for a price of admission. The facility does not have to be used exclusively for music or entertainment events.
(a)In addition to the licenses specified in Section 23320, the department may issue a music venue license to sell beer, wine, and distilled spirits at retail for consumption upon the premises only.
(b)The music venue license may be issued to the person providing alcoholic beverage and food service at the music entertainment facility. Except as provided in this section, only licensees with a music venue license are authorized to sell beer, wine, and distilled spirits at retail for consumption upon the premises of the music entertainment facility. The license shall only be transferable from person to person at the same premises. A music venue license shall not be transferred for a purchase price or consideration in excess of the original fee
paid for that license.
(c)(1)Issuance of the license shall be subject to the provisions of Section 23958.4.
(2)Issuance of the license shall not be subject to the provisions of Section 23816.
(d)An on-sale licensee may permit a person under 21 years of age into the music entertainment facility for a price of admission. This subdivision does not authorize the on-sale licensee to sell, furnish, or give any alcoholic beverages to a person under 21 years of age, or to engage in any other activity not otherwise authorized by this division.
(e)(1)Any person providing alcoholic beverage and food service at a music entertainment facility pursuant to another type of on-sale license as of the effective date of
this section shall obtain a music venue license within 12 months of the effective date of this section if that person provides alcoholic beverage and food service at the facility on or after January 1, 2022. The person may elect to surrender that existing license in exchange for a music venue license or may transfer that license pursuant to applicable law. If, after a license surrender and exchange, the on-sale licensee that surrendered and exchanged its license for a music venue license no longer provides alcoholic beverage and food service at that facility, the on-sale licensee may surrender and exchange the music venue license for the licensee’s original license, subject to any applicable provisions of this division.
(2)The department may modify its rules regarding the surrender of licenses to implement this subdivision.
The music venue license is subject to all of the following conditions:
(a)Except as otherwise provided in this chapter, a person holding a music venue license shall not enter into any agreement with any authorized licensee for the purchase of advertising space and time at the music entertainment facility, including the premises of the on-sale licensee.
(b)(1)For any music entertainment facility at which an authorized licensee has entered into an agreement with the owner or major tenant of the facility for the purchase of advertising space and time at the facility, any on-sale licensee shall serve other brands of beer distributed by a competing wholesaler that are not the brands
of beer sold, manufactured, or marketed by an authorized licensee, other brands of wine distributed by a competing wholesaler that are not the brands of wine sold, manufactured, or marketed by an authorized licensee, and other brands of distilled spirits distributed by a competing wholesaler that are not the brands sold, manufactured, or marketed by an authorized licensee that purchased the advertising space and time. An on-sale licensee may also serve brands of beer that are manufactured and provided by an unaffiliated, competing licensed beer manufacturer that are not the brands of beer sold, manufactured, or marketed by an authorized licensee that purchased the advertising space and time.
(2)For the purpose of this subdivision, brands of an authorized licensee purchasing the advertising space and time shall mean brands of beer, wine, or distilled spirits that are sold, manufactured, or marketed by the authorized licensee or sold,
manufactured, or marketed by any subsidiary or other business entity of the authorized licensee that the authorized licensee owns, manages, or controls.
Notwithstanding any other provision of this division, an authorized licensee may purchase advertising space and time at a music entertainment facility from the owner or major tenant of the facility that is not a licensee under this article, subject to the following conditions:
(a)The purchase of advertising space and time shall be conducted pursuant to a written agreement entered into by the authorized licensee and the owner or major tenant of the facility containing all the terms and conditions of such purchase.
(b)(1)The authorized licensee shall submit to the department within 15 days of execution of the agreement a declaration stating that the authorized licensee has
entered into a written agreement for the purchase of advertising space and time at a music entertainment facility pursuant to and in compliance with the provisions of this section, along with a fee of two thousand five hundred dollars ($2,500) to cover the reasonable administrative costs of the department. The declaration shall further state the name and address of the music entertainment facility, the names of the parties to the agreement, and the time period that agreement will continue in effect. The authorized licensee shall notify the department within 15 days of any amendment, extension, modification, or renewal of that agreement or of any new agreement.
(2)The declaration shall also state that there is no financial arrangement or agreement, written or oral, between the authorized licensee and the owner or major tenant of the facility or with any on-sale licensee that provides for the on-sale licensee to receive a share of the revenues,
or anything of value, directly or indirectly, from the advertising agreement.
(3)The declaration required by this subdivision shall not be under penalty of perjury. Failure to comply with this subdivision or the filing of a false declaration shall be subject to license suspension by the department.
(c)The agreement shall not contain any of the following terms or conditions:
(1)The agreement is conditioned on the purchase or sale of the authorized licensee’s brands of alcoholic beverages by the on-sale licensee or limits the purchase and sale of competing brands of alcoholic beverages manufactured, distributed, sold, or marketed by other authorized licensees at the facility by the on-sale licensee.
(2)The agreement provides for anything of value to
be furnished, directly or indirectly, to the on-sale licensee.
(3)Any term or condition that violates any provision of this division.
(d)In monitoring the impacts of any agreements authorized by this article, the department may conduct audits to determine compliance with this section. Audits may include, but are not limited to, brand selection at the music entertainment facility, purchase patterns of the on-sale licensee, and review of any agreement or amendments to an agreement or any other contractual or financial arrangement, written or oral, between or among the parties to the agreement and the on-sale licensee, including any affiliated business of the on-sale licensee or any affiliated business of the authorized licensee.
(e)The department shall penalize a violation of any provision of this section by the
suspension of the authorized licensee’s license or by a fine equal to the contract value of the agreement for advertising.
The Legislature finds and declares all of the following:
(a)Statutes to implement a three-tier system, which requires a separation between manufacturing interests, wholesale interests, and retail interests in the production, distribution, and sale of alcoholic beverages, are as proper and necessary to the public welfare in the 21st Century as they were when first enacted following the enactment of the 21st Amendment to the United States Constitution and the repeal of prohibition; that the three-tier system by requiring economic separation between the tiers contributes to a fair, open, and competitive market resulting in interbrand and other competition within each tier, thereby broadening consumer choices; and that it also prevents disorderly market conditions
arising from the domination of local markets through vertical integration leading to excessive sales of alcoholic beverages and consumption produced by overly aggressive marketing techniques, including, but not limited to, the domination of local markets and the undue economic influence of one tier over another. The Legislature further affirms that temperance is achieved, consistent with the structural regulation that promotes a competitive and orderly market, by controlled access to, and responsible use and consumption of, alcoholic beverages by persons of legal drinking age.
(b)The enactment of tied-house restrictions are necessary economic regulations that serve important public interests, and the restrictions prohibiting a manufacturer or wholesaler from furnishing, giving, or lending any money or other thing of value to a retail licensee, or from paying or compensating a retailer for advertising as provided in Section 25503, are necessary
to promote and maintain an orderly competitive market that is open and accessible to all brands and to prevent manufacturers from dominating local markets through payment of incentives and compensation to retailers. The Legislature further finds and declares that limited exceptions have been made to this general prohibition to promote an identifiable public purpose and interest for the exception, which have been limited to the express terms of the exception so as to not undermine the general prohibition.
(c)Because this system of prohibition with limited, specific exceptions may be incorrectly construed to undermine the general prohibition despite legislative directives to the contrary, this section is necessary to clarify and reenforce the general prohibition as provided in Section 25503.
(d)There may be instances where the community public interest and welfare would benefit
from the music entertainment facility owner or its major tenant being able to receive revenue for the advertisement of alcoholic beverages on the premises of the facility. Therefore, this article is enacted to authorize manufacturers of alcoholic beverages to enter into agreements with the owner or major tenant of a music entertainment facility for the placement of brand advertisements upon the premises of the facility where the alcoholic beverage sales on the facility premises are conducted by a separate, independent entity who is the on-sale general licensee and does not share in the advertising revenue.
(e)The provisions of this article and other exceptions in this division to the general prohibition against tied interests must be narrowly construed and limited to the express terms of the exception so as not to undermine the general prohibition. The Legislature expressly intends that this article and division be construed in accordance with
these findings.
(a)Any hearings held on a protest, accusation, or petition for a license shall be held in the county in which the premises or licensee is located; provided, that hearings before the department itself on reconsideration or under subdivision (c) of Section 11517 of the Government Code may be held at any place in the state where the department is meeting. Except as provided in Section 24203 and in this section, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. The department, in its exclusive discretion, shall consider scheduling the hearing at a time, including evening hours, and at a place convenient to all parties to a proceeding, including those
witnesses required to be present, and the public affected.
(b)Notwithstanding the provisions of subdivision (a), if a protest is filed against an application for a license and the proposed premises are located within a city, the department may, in its discretion, hold the hearing within that city, unless the protest is filed by the governing body of the city, in which case the department shall hold the hearing within that city.
(c)For any hearing held pursuant to this division, the department may delegate the power to hear and decide to an administrative law judge appointed by the director. Any hearing before an administrative law judge shall be pursuant to the procedures, rules, and limitations prescribed in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)The department shall hold any hearing held pursuant to this division within six months after the filing of a protest, accusation, or petition for a license.
SEC. 8.SEC. 3.
Section 25600.5 of the Business and Professions Code is amended to read:25600.5.
Notwithstanding any other provision of this division, a manufacturer of distilled spirits, distilled spirits manufacturer’s agent, out-of-state distilled spirits shipper’s certificate holder, winegrower, rectifier, or distiller, or its authorized unlicensed agent, may provide, free of charge, entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event in connection with the sale or distribution of wine or distilled spirits, subject to the following conditions:(l)(1)
(2)
(3)
SEC. 9.SEC. 4.
Section 25607 of the Business and Professions Code is amended to read:25607.
(a) Except as provided in subdivisions (b), (c), (d), and (e), it is unlawful for any person or licensee to have upon any premises for which a license has been issued any alcoholic beverages other than the alcoholic beverage which the licensee is authorized to sell at the premises under their license. It shall be presumed that all alcoholic beverages found or located upon premises for which licenses have been issued belong to the person or persons to whom the licenses were issued. Every person violating the provisions of this section is guilty of a misdemeanor. The department may seize any alcoholic beverages found in violation of this section.(e)(1)Two or more on-sale general licensees whose licensed premises are immediately adjacent to each other and which are not branch offices, may, with the approval of the department and under such conditions as the department may require, share a common licensed area in which the
consumption of alcoholic beverages is permitted, only under all of the following circumstances:
(A)The shared common licensed area is adjacent and contiguous to the licensed premises of the licensees.
(B)The licensed premises of the licensees are not branch offices.
(C)The shared common licensed area shall be readily accessible from the premises of the licensees without the necessity of using a public street, alley, or sidewalk.
(D)Except as otherwise authorized by this division, the alcoholic beverages that may be consumed in the shared common licensed area shall be purchased by the consumer only from the licensees.
(E)The licensees shall be jointly responsible for compliance with the provisions of this division and for any violations that occur within the shared common licensed area.
(2)Notwithstanding any other law, the licensees may permit a minor into the shared common licensed area outside of the hours when alcohol is served.
(3)Nothing in this subdivision is intended to authorize the licensees to sell, furnish, give, or have upon their respective licensed premises any alcoholic beverages, or to engage in any other activity, not otherwise authorized by this division, including, without limitation, the consumption on the premises of any distilled spirits purchased by consumers for consumption off the premises pursuant to Section 23504 or the consumption of distilled spirits other than as permitted by Section 23363.1.
Except as otherwise provided in Section 23406, any licensee under an on-sale license issued for public premises, as defined in Section 23039, who permits a person under the age of 21 years to enter and remain in the licensed premises without lawful business therein is guilty of a misdemeanor. Except as otherwise provided in Section 23406, any person under the age of 21 years who enters and remains in the licensed public
premises without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended.
(a)A city, including a charter city, county, or city and county, may allow in a commercial zone the consumption of alcoholic beverages, including the possession of any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed.
(b)The consumption of alcoholic beverages and possession of open containers permitted pursuant to subdivision (a) remain subject to regulation under Section 647 of the Penal Code and Sections 23223 and 23225 of the Vehicle Code.
