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AB-1320 Alcoholic beverages: licenses.(2011-2012)

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Assembly Bill No. 1320

An act to add Section 23826.11 to the Business and Professions Code, relating to alcoholic beverages.

[ Approved by Governor  September 23, 2012. Filed with Secretary of State  September 23, 2012. ]


AB 1320, Allen. Alcoholic beverages: licenses.
The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided.
This bill would provide an exception to this limitation for a county of the 18th class, as specified.
The bill makes legislative findings and declarations regarding the necessity of a special statute.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


 Section 23826.11 is added to the Business and Professions Code, to read:

 (a) Notwithstanding any other provision of this chapter, in any county of the 18th class the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, until January 1, 2016. To qualify for a license under this section the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. Not more than a total of 15 on-sale general licenses shall be issued under this section.
(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c) This chapter does not prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(d) A license issued under this section shall not be transferred from one county to another nor shall it be transferred to any premises not qualifying under this section.

SEC. 2.

  The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of a county of the 18th class specified in Section 1, that are applicable only to a county of the 18th class.