Today's Law As Amended


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AB-1217 Business pandemic relief.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 25750.5 of the Business and Professions Code, as added by Section 1 of Chapter 651 of the Statutes of 2021, is amended to read:

25750.5.
 (a) 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 Authorization 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 Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.
(c) Notwithstanding any other 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(d) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

SEC. 2.

 Section 25750.5 of the Business and Professions Code, as added by Section 4 of Chapter 656 of the Statutes of 2021, is amended to read:

25750.5.
 (a) 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 Authorization 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 Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.
(c) Notwithstanding any other 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 remain in effect only until July 1, 2026, and as of that date is repealed.

SEC. 3.

 Section 65907 of the Government Code is amended to read:

65907.
 (a) To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.
(b) This section shall remain in effect only until July 1, 2026, 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) Before 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 until July 1, 2026.
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, within the meaning of Section 17556 of the Government Code.