Bill Text: CA SB639 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverage licensees: on-sale tasting license.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB639 Detail]

Download: California-2009-SB639-Introduced.html

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BILL NUMBER: SB 639	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 27, 2009

   An act to amend Section 25612.5 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 639, as introduced, Calderon. Alcoholic beverage licensees:
retail operating procedures.
   Existing law establishes certain general operating standards that
are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which is
punishable as a misdemeanor.
   This bill would impose a state-mandated local program by requiring
that, when feasible, the illumination required on the specified
retail licensed premises be energy efficient, the violation of which
would be a misdemeanor.
   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.  Section 25612.5 of the Business and Professions Code is
amended to read:
   25612.5.  (a) This section shall apply to licensees other than a
retail on-sale licensee or on-sale beer and wine licensee who is
licensed and operates as a bona fide public eating place, as defined
in Section 23038, 23038.1, or 23038.2, or as a hotel, motel, or
similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a winegrowers license; a licensed beer
manufacturer, as defined in Section 23357; a retail licensee who
concurrently holds an off-sale retail beer and wine license and a
beer manufacturer's license for those same or contiguous premises;
and a retail on-sale licensee or on-sale beer and wine licensee who
is licensed and operates as a bona fide public eating place, as
defined in Section 23038, 23038.1, or 23038.2, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16, a licensed beer manufacturer, as defined in Section
23357, or a winegrowers license, who sells off-sale beer and wine
under the on-sale license on those same or contiguous premises.
   (b) The Legislature finds and declares that it is in the interest
of the public health, safety, and welfare to adopt operating
standards as set forth in this section for specified retail premises
licensed by the department. The standards set forth in this section
are state standards that do not preclude the adoption and
implementation of more stringent local regulations that are otherwise
authorized by law.
   (c) Other than as provided in subdivision (a), each retail
licensee shall comply with all of the following:
   (1) A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted in a place
that is clearly visible to patrons of the licensee. The size, format,
form, placement, and languages of the sign or signs shall be
determined by the department. This paragraph shall apply to a
licensee only upon written notice to the licensee from the
department. The department shall issue this written notice only upon
a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is loitering adjacent to the
premises.
   (2) A prominent, permanent sign or signs stating "NO OPEN
ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" shall be
posted in a place that is clearly visible to patrons of the
licensee. The size, format, form, placement, and languages of the
sign or signs shall be determined by the department. This paragraph
shall apply to a licensee only upon written notice to the licensee
from the department. The department shall issue this written notice
only upon a request, from the local law enforcement agency in whose
jurisdiction the premises are located, that is supported by
substantial evidence that there is drinking in public adjacent to the
premises.
   (3) No alcoholic beverages shall be consumed on the premises of an
off-sale retail establishment, and no alcoholic beverages shall be
consumed outside the edifice of an on-sale retail establishment.
   (4) The exterior of the premises, including adjacent public
sidewalks and all parking lots under the control of the licensee,
shall be illuminated during all hours of darkness during which the
premises are open for business in a manner so that persons standing
in those areas at night are identifiable by law enforcement
personnel. However, the required illumination shall be placed so as
to minimize interference with the quiet enjoyment of nearby residents
of their property.  When feasible, the illumination shall be
energy efficient. 
   (5) Litter shall be removed daily from the premises, including
adjacent public sidewalks and all parking lots under the control of
the licensee. These areas shall be swept or cleaned, either
mechanically or manually, on a weekly basis to control debris.
   (6) Graffiti shall be removed from the premises and all parking
lots under the control of the licensee within 72 hours of
application. If the graffiti occurs on a Friday or weekend day, or on
a holiday, the licensee shall remove the graffiti 72 hours following
the beginning of the next weekday.
   (7) No more than 33 percent of the square footage of the windows
and clear doors of an off-sale premises shall bear advertising or
signs of any sort, and all advertising and signage shall be placed
and maintained in a manner that ensures that law enforcement
personnel have a clear and unobstructed view of the interior of the
premises, including the area in which the cash registers are
maintained, from the exterior public sidewalk or entrance to the
premises. However, this latter requirement shall not apply to
premises where there are no windows, or where existing windows are
located at a height that precludes a view of the interior of the
premises to a person standing outside the premises.
   (8) Upon request of the local law enforcement agency in whose
jurisdiction the licensed premises are located or at the discretion
of the department, each public telephone located on off-sale premises
(or located in an adjacent area under the control of the off-sale
licensee) shall be equipped with devices or mechanisms that prevent
persons from calling into that public telephone.
   (9) Every licensed retailer who sells or rents video recordings of
harmful matter, as defined by Section 313 of the Penal Code, shall
create an area within his or her business establishment for the
placement of video recordings of harmful matter and for any material
that advertises the sale or rental of these video recordings. This
area shall be labeled "adults only." The licensed retailer shall make
reasonable efforts to arrange the video recordings in this area in
such a way that minors may not readily access the video recordings or
view the video box covers. The failure to create and label the
"adults only" area is an infraction punishable by a fine of not more
than one hundred dollars ($100). The failure to place a video
recording or advertisement, regardless of its content, in this area
shall not constitute an infraction.
   (10) A copy of the applicable operating standards shall be
available during normal business hours for viewing by the general
public.
  SEC. 2.  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.