Today's Law As Amended


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AB-471 Alcoholic beverages: licenses: new original on-sale general licenses for bona fide public eating places: neighborhood-restricted special on-sale general licenses.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 23826.10 of the Business and Professions Code is amended to read:

23826.10.
 (a) (1) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2009, the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of three years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 50 or more diners. In no event shall more than 15 on-sale general licenses for bona fide eating places be issued under this paragraph.
(2) Notwithstanding any other provision of this chapter, in any county of the 29th class, the department, in addition to those licenses issued pursuant to paragraph (1), may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places from January 1, 2017, to December 31, 2017, inclusive. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(3) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2018, in addition to those licenses issued pursuant to paragraphs (1) and (2), the department may issue five additional new original on-sale general licenses for bona fide public eating places per year, for a period of four years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners. In no event shall more than 20 on-sale general licenses for bona fide eating places be issued under this paragraph.
(4) Notwithstanding any other provision of this chapter, in any county of the 29th class, commencing January 1, 2021, in addition to those licenses issued pursuant to paragraphs (1) to (3), inclusive, the department may issue 10 additional new original on-sale general licenses for bona fide public eating places per year, for a period of five years. Any premises to qualify for a license under this paragraph shall have a seating capacity for 25 or more diners.
(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c) Nothing in this chapter shall 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) (1)  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.
(2) A license issued under paragraph (3) or paragraph (4) of subdivision (a) on and after January 1, 2021, shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

SEC. 2.

 Section 23826.13 of the Business and Professions Code is amended to read:

23826.13.
 (a) Notwithstanding any other provision of  this chapter, in any county of the sixth class, the department may issue no more than a total of five new original neighborhood-restricted special on-sale general licenses to premises located in any of the census tracts listed in subdivision (b) per year beginning on January 1, 2017, until a total of 40 30  new licenses authorized by this section are issued.
(b) To qualify for a license issued pursuant to this section, the premises for which the license would apply shall be located within one of the following United States Bureau of Census census tracts, corresponding to those identified within the 2020 Census,  tracts  located within the City and County of San Francisco, subject to the following limitations:
(1) United States Bureau of the Census census tract 612000, 232000, 234000, 233000, or 230030. No more than a total of 10 five  neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(2) United States Bureau of the Census census tract 258000 or 257020. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(3) United States Bureau of the Census census tract 264030. No more than a total of two neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within this tract.
(4) United States Bureau of the Census census tract 255010, 255020,  255000,  256000, 260020, 260010, 260040, 261000, or 263010. No more than a total of 10 five  neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(5) United States Bureau of the Census census tract 309000, 310000, or 312010. No more than a total of four neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(6) United States Bureau of the Census census tract 330010, 330020,  330000,  329010, 328010, 353000, or 354000. No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(7) United States Bureau of the Census census tract 328020, 329020, 351010, 351020, 352010, or 352020. 351000, or 352010.  No more than a total of five neighborhood-restricted special on-sale general licenses shall be concurrently held at premises located within all of these tracts.
(c) In issuing the licenses pursuant to this section, the department shall follow the procedure set forth in Section 23961. A license shall not be issued pursuant to this section to an applicant until any existing on-sale licenses issued to the applicant for the same premises are canceled.
(d) (1) A person who currently holds an on-sale general license for a premises, who currently holds any interest in an on-sale general license for a premises, who has held an on-sale general license for a premises within the 12 months before  prior to  the date of the drawing required by Section 23961, or who has held any interest in an on-sale general license for a premises within the 12 months before  prior to  the date of the drawing required by Section 23961, shall not apply for a license issued pursuant to this section for that licensed premises.
(2) In addition to the other requirements of this section, an application for a neighborhood-restricted on-sale general license shall be subject to all the requirements that apply to an on-sale general license for a bona fide eating place.
(3) Prior to submitting an application for a license issued pursuant to this section, the applicant shall conduct a minimum of one preapplication meeting to discuss the application with neighbors and members of the community within the census tract in which the premises are located.
(A) The applicant shall hold the meeting either on the premises or at an alternate location within a one-mile radius of the premises.
(B) The applicant shall mail notification of the preapplication meeting to all of the following individuals and organizations at least 14 calendar days before the meeting:
(i) Each resident within a 500-foot radius of the premises for which the license is to be issued.
(ii) Any relevant neighborhood associations for the neighborhood in which the premises is located, as identified on a list maintained by the Planning Department of the City and County of San Francisco.
(iii) The Chief of Police for the San Francisco Police Department.
(C) Applicants for a neighborhood-restricted special on-sale general license shall submit, on a form provided by the department, signed verification by the local governing body of the area in which the applicant premises are located, or its designated subordinated officer or body, that states the applicant has completed the preapplication meeting pursuant to this section.
(e) (1) A license issued pursuant to this section shall not be transferred between counties.
(2) Except as provided in paragraphs (3) and (4), a license issued pursuant to this section shall not be transferred to any other premises.
(3) (2)  Paragraph (2) shall not  A license issued pursuant to this section shall not be transferred to any other premises. This provision shall not  apply to any licensee whose premises have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, for whom the provisions of Section 24081 shall apply.
(4) The department may allow a license issued pursuant to this section to be transferred within the same neighborhood, as described in paragraphs (1) to (7), inclusive, of subdivision (b).
(5) (3)  A license issued pursuant to this section shall not be transferred to any person, partnership, limited partnership, limited liability company, or corporation. This provision shall not apply to licenses transferred under Section 24071, 24071.1, or 24071.2.
(f) Following the cancellation or revocation of a license issued pursuant to this section, the department may issue one additional new original neighborhood-restricted special on-sale general license following the procedure set forth in Section 23961 and the provisions of this section.
(g) A person that holds a neighborhood-restricted special on-sale general license issued pursuant to this section shall not exchange that  his or her  license for an on-sale license for public premises.
(h) Except as specified herein, a neighborhood-restricted special on-sale general license may exercise all of the privileges, and is subject to all the restrictions, of an on-sale general license for a bona fide eating place.
(i) (1) Commencing January 1, 2025, subject to paragraph (2), a licensee may exercise off-sale privileges pursuant to Sections 23401 and 23401.5. This section does not limit the authority of the department to impose conditions on a license pursuant to Article 1.5 (commencing with Section 23800).
(2) (i)  The holder of a neighborhood restricted  A neighborhood-restricted  special on-sale general license issued before January 1, 2025, shall not exercise off-sale privileges pursuant to Section 23401 and 23401.5 unless the department approves a petition submitted by the licensee requesting to exercise off-sale privileges. If the department determines that good cause exists to deny the petition, in whole or in part, the department shall endorse the prohibition or other restriction as a condition on the license, which is subject to Article 1.5 (commencing with Section 23800). The licensee may make a written request for hearing on the denial of a petition in the same manner as provided in Section 23805. pursuant to this section shall not, with respect to beer and wine, authorize the exercise of the rights and privileges granted by an off-sale beer and wine license. 
(j) (1) The original and annual fees, and any additional fees and surcharges, shall be the same as those imposed upon an on-sale general license for a bona fide eating place.
(2) All moneys collected from the fees imposed pursuant to this section shall be deposited in the Alcohol Beverage Control Fund, pursuant to Section 25761.
(j) (k)  The department shall adopt rules and regulations to enforce the provisions of  this section.
SEC. 3.
 The Legislature finds and declares that a special statute is necessary and that a general statute 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 in the County of Napa.
SEC. 4.
 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique distribution and market conditions of liquor licenses in the City and County of San Francisco, that apply only to the City and County of San Francisco.