Bill Text: CA SB635 | 2013-2014 | Regular Session | Amended
Bill Title: Alcoholic beverages: hours of sale.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB635 Detail]
Download: California-2013-SB635-Amended.html
BILL NUMBER: SB 635 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Leno
FEBRUARY 22, 2013
An act to amend Section 25631 of, and to add Section 25634 to, the
Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 635, as amended, Leno. Alcoholic beverages: hours of sale.
The Alcoholic Beverage Control Act provides that any on- or
off-sale licensee, or agent or employee of the licensee, who sells,
gives, or delivers to any person any alcoholic beverage between the
hours of 2 a.m. and 6 a.m. of the same day, and any person who
knowingly purchases any alcoholic beverages between those hours, is
guilty of a misdemeanor.
This bill would allow the local governing body of a
county or a city and county an on-sale licensee
to apply to the Department of Alcoholic Beverage Control to
authorize, with or without conditions on the licensees
within those jurisdictions on-sale license , the
selling, giving, delivering, or purchasing of alcoholic beverages at
an on-sale the licensed premises
between the hours of 2 a.m. and 4 a.m., upon completion of
specified requirements by the local jurisdiction in which the
licensee is located, as provided. This bill would require the
local governing body applicant to
notify specified persons of the application for additional hours and
would provide a procedure for protest and hearing regarding the
application.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is the policy of the state to promote the responsible
consumption of alcoholic beverages through making multiple planning
options available to local communities and entertainment areas of the
state, including the option of extended services hours up to a limit
of 4 a.m. in communities and areas of the state where those extended
hours are found by the governing body of the responsible community
to be proper and appropriate.
(b) It is the policy of the state to encourage local communities
to implement local entertainment and licensed venue operation
policies designed for their specific communities and to support those
local initiatives by all appropriate means.
(c) It is the policy of the state that modified closing times can
improve the quality of life in local jurisdictions by mitigating
public safety and nuisance issues associated with the uniform 2 a.m.
closing hour.
(d) It is the policy of the state that local communities consider
different approaches to address issues of the 2 a.m. uniform closing
hour and encourage responsible consumption by, including, but not
limited to, extending service hours within a limited geographical
area, staggering service hours to alleviate stress on public
services, differentiating between the end of sale hour and the end of
consumption hour, and extending service hours only on holidays or
specific days of the week.
(e) At least 15 states across the country delegate complete or
partial authority for setting service hours to local jurisdictions or
allow local jurisdictions to extend the hours of service, subject to
state approval.
(f) The Legislature supports a well-planned and managed nightlife
that can have a profound positive impact on a local economy,
generating direct tax revenues, and growing public funds through
increased property value, revitalized business districts, and
increased tourism.
(g) The Legislature supports the world-renowned California
licensed restaurant, venue, and entertainment industry, which
generates more than fifty billion dollars ($50,000,000,000) every
year in consumer spending in California communities on jobs, goods
and services, and related industries, and that attracts world-class
acts as well as tourists to visit and enjoy California.
(h) The Legislature has determined that it is in the best interest
of the State of California for extended hours of operation policies
to be administered by the Department of Alcoholic Beverage Control in
connection with applications for additional hour privileges, with
the fees for those applications to be determined and assessed by the
department at a rate that will fully reimburse the department for
administrative expenses.
SECTION 1. SEC. 2. Section 25631 of
the Business and Professions Code is amended to read:
25631. (a) (1) Except as provided in subdivision (b), any on- or
off-sale licensee, or agent or employee of that licensee, who sells,
gives, or delivers to any persons any alcoholic beverage or any
person who knowingly purchases any alcoholic beverage between the
hours of 2 a.m. and 6 a.m. of the same day, is guilty of a
misdemeanor.
(2) For the purposes of this subdivision, on the day that a time
change occurs from Pacific standard time to Pacific daylight saving
time, or back again to Pacific standard time, "2 a.m." means two
hours after midnight of the day preceding the day such change occurs.
(b) (1) In a city, county , or city and
county that has additional serving hours pursuant to Section 25634,
any on-sale licensee, or agent or employee of the licensee, who
sells, gives, or delivers to any person any alcoholic beverage or any
person who knowingly purchases any alcoholic beverage between the
hours of 4 a.m. and 6 a.m. of the same day, is guilty of a
misdemeanor.
(2) For the purposes of this subdivision, on the day that a time
change occurs from Pacific standard time to Pacific daylight time, or
back again to Pacific standard time, "4 a.m." means four hours after
12 midnight of the day preceding the day the change occurs.
SEC. 2. SEC. 3. Section 25634 is
added to the Business and Professions Code, to read:
25634. (a) Notwithstanding Section 25631, the department may
authorize, with or without conditions on the licensees
, the selling, giving, delivering, or purchasing of
alcoholic beverages at an individual on-sale licensed
premises between the hours of 2 a.m. and 4 a.m. within a city,
county , or a city and county if the local governing
body of that city, county , or city and
county, or its designated subordinate officer or body ,
applies to the department and shows the departmentthe public
convenience or necessity served by the additional hours.
does the following:
(1) Develops and approves a local plan that meets the following
requirements:
(A) Shows that the public convenience or necessity will be served
by the additional hours.
(B) Identifies the area that will be affected by the additional
hours and demonstrates how that area will benefit from the additional
hours.
(C) Shows that residents and businesses within the additional
hours service area support the additional hours.
(D) Includes an assessment by local law enforcement regarding the
potential impact of an additional hours service area and the public
safety plan, created by local law enforcement, for managing those
impacts that has been approved by the local governing body.
(E) Shows that transportation services are readily accessible in
the additional hours service area during the additional service
hours.
(F) Includes programs to increase public awareness of the
transportation services available in the additional hours service
area and the impacts of alcohol consumption.
(2) Resolves and certifies the local plan and submits the local
plan to the department.
(b) Upon receipt of a local plan developed pursuant to paragraph
(1) of subdivision (a), the department shall review the local plan to
ensure compliance with existing law and regulations promulgated by
the department. The department shall review the local plan within
____ days of receipt and shall notify the local governing body of its
approval or denial of the plan. During the review process the
department shall post the local plan on its Internet Web site.
(c) An on-sale licensee shall not apply for additional hours
pursuant to this section until the department has approved the local
plan of the city, county, or city and county in which the licensed
premises is located.
(b)
(d) (1) Upon receipt of an application by an
on-sale licensee for additional hours pursuant to this section,
the department shall make a thorough investigation to determine
whether the additional hours would serve the public
convenience or necessity sought by the applicant would
unreasonably interfere with the quiet enjoyment of their property by
the residents of the city, county, or city and county in which the
applicant 's licensed premises are located .
(2) The local governing body of the county or city and
county app licant shall notify the
law enforcement agencies of the county or city and county
city, county, or city and county , the residents
of the city, county , or city and county
located within 500 feet of the premises for which additional hours
are sought , and any other interested parties, as determined by
the local governing body, of the application by an on-sale
licensee for additional hours pursuant to this section within
30 consecutive days of the filing of the application, in a manner
determined by the local governing body.
(3) Protests may be filed at any office of the department within
30 days from the first date of notice of the filing of an application
by an on-sale licensee for additional hours. The time
within which a local law enforcement agency may file a protest shall
be extended by the period prescribed in Section 23987.
(4) The department may reject protests, except protests made by a
public agency or public official, if it determines the protests are
false, vexatious, frivolous, or without reasonable or probable cause
at any time before hearing thereon, notwithstanding Section
24016 or 24300. If, after investigation, the department
recommends that additional hours be authorized notwithstanding a
protest by a public agency or a public official, the department shall
notify the agency or official in writing of its determination and
the reasons therefor, in conjunction with the notice of hearing
provided to the protestant pursuant to Section 11509 of the
Government Code. If the department rejects a protest as provided in
this section, a protestant whose protest has been rejected may,
within 10 days, file an accusation with the department alleging the
grounds of protest as a cause for revocation of the additional hours
and the department shall hold a hearing as provided in Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(5) This section shall not be construed as prohibiting or
restricting any right that the individual making the protest might
have to a judicial proceeding.
(c)
(e) (1) If, after investigation, the department
recommends that additional hours be authorized, with or without
conditions on the licensees, applicant's
license, notwithstanding that one or more protests have been
accepted by the department, the department shall notify the local
governing body and all protesting parties whose protests have been
accepted in writing of its determination.
(2) Any person who has filed a verified protest in a timely
fashion pursuant to subdivision (b) (d)
that has been accepted pursuant to this article
section may request that the department conduct a hearing
on the issue or issues raised in the protest. The request shall be in
writing and shall be filed with the department within 15 business
days of the date the department notifies the protesting party of its
determination as required under paragraph (1).
(3) At any time prior to the issuance of the license, the
department may, in its discretion, accept a late request for a
hearing upon a showing of good cause. Any determination of the
department pursuant to this subdivision shall not be an issue at the
hearing nor grounds for appeal or review.
(4) If a request for a hearing is filed with the department
pursuant to paragraph (2), the department shall schedule a hearing on
the protest. The issues to be determined at the hearing shall be
limited to those issues raised in the protest or protests of the
person or persons requesting the hearing.
(5) Notwithstanding that a hearing is held pursuant to paragraph
(4), the protest or protests of any person or persons who did not
request a hearing as authorized in this section shall be deemed
withdrawn.
(6) If a request for a hearing is not filed with the department
pursuant to this section, any protest or protests shall be deemed
withdrawn and the department may issue the license
approve the on-sale licensee's application for additional hours
without any further proceeding.
(7) If the person filing the request for a hearing fails to appear
at the hearing, the protest shall be deemed withdrawn.
(d)
(f) The department shall notify the on-sale
licensees within the county or city and county
applicant of the outcome of the application for additional
hours. Any conditions placed upon the licensees
license pursuant to this section shall be subject to
Article 1.5 (commencing with Section 23800).
(e)
(g) The local governing body
applicant shall, at the time of application for additional
hours pursuant to this section, accompany the application with a fee
of ____ dollars ($____). Fees collected pursuant to this section
shall be deposited in the Alcohol Beverage Control Fund.
SEC. 3. SEC. 4. 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.
