Today's Law As Amended


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AB-61 Business pandemic relief.(2021-2022)



As Amends the Law Today


SECTION 1.

 Article 7 (commencing with Section 23520) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read:

Article  7. Third-party Alcohol Delivery License
23520.
 The department may issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a restaurant licensed under this division. Except as provided in this article, delivery by a licensee under this article shall be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off sale and deliver those alcoholic beverages to consumers.

SEC. 2.

 Section 25750.5 is added to the Business and Professions Code, to read:

25750.5.
 (a) For a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, the Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Permit approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.
(b) The COVID-19 Temporary Catering Permit approved by the department shall be subject to those terms and conditions established by the department and as stated in the Fourth Notice of Regulatory Relief and the related application form.
(c) Notwithstanding any other provision of law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.
(d) This section shall become inoperative 365 days after the state of emergency declared by the Governor on March 4, 2020, in response to the COVID-19 pandemic, ends.
Notwithstanding any other provision of law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.

SEC. 3.

 Section 65907 is added to the Government Code, to read:

65907.
 (a) Commencing January 1, 2022, a city, county, or city and county, that receives an application for a parking zone variance or conditional use permit in connection with the outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining, shall approve or reject the application ministerially, without any discretionary review.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 Section 114067 of the Health and Safety Code is amended to read:

114067.
 (a) Satellite food service is restricted to limited food preparation.
(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:
(1) All food products that will be handled and dispensed.
(2) The proposed procedures and methods of food preparation and handling.
(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.
(5) How potentially hazardous foods will be maintained in accordance with Section 113996.
(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.
(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.
(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.
(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.
(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:
(1) A fully enclosed satellite food service operation.
(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.
(3) A fully enclosed permanent food facility.
(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.
(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.
(k) (1) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction.
(2) This subdivision shall remain operative for a period of one year following the end, pursuant to Section 8629 of the Government Code, of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.