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AB-357 Alcoholic beverage control: licenses.(2017-2018)

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Date Published: 03/23/2017 09:00 PM
AB357:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 357


Introduced by Assembly Member Bigelow

February 08, 2017


An act to amend Section 25170 24044 of the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 357, as amended, Bigelow. Alcoholic beverage control. control: licenses.
Existing law creates the Department of Alcoholic Beverage Control, to which is committed the authority for the administration and enforcement of the Alcoholic Beverage Control Act. The act makes it a misdemeanor to deliver, as specified, or possess a container of distilled spirits that does not have a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler. law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. A violation of the Alcoholic Beverage Control Act is a misdemeanor, unless another penalty or punishment is specified. Existing law allows licenses for the retail sale of alcoholic beverages to be issued for, or transferred to, premises that are to be constructed or are in the process of construction.
This bill would make nonsubstantive changes to the misdemeanor provisions described above. require a licensee transferring a license, as described above, to follow specified notification requirements.
Because a violation of this provision would be punishable as a misdemeanor, the bill would impose a state-mandated local program.
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: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 24044 of the Business and Professions Code is amended to read:

24044.
 (a) Licenses for the retail sale of alcoholic beverages may be issued for or transferred to premises which that are to be constructed or which that are in the process of construction. No alcoholic Alcoholic beverages shall not be sold pursuant to the license until the premises have been completed.
(b) A licensee transferring a license to a premises pursuant to this section shall follow the notification requirements prescribed in Section 23985. Nothing in this section shall require an existing licensee to comply with the notification requirements if the construction is taking place on the existing premises of the existing license.

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.
SECTION 1.Section 25170 of the Business and Professions Code is amended to read:
25170.

A person who delivers to the premises of any on- or off-sale general licensee, or an on- or off-sale general licensee who has upon his or her licensed premises, or a person who possesses distilled spirits the container of which does not bear a label plainly indicating the quantity and proof strength of the contents and the name of the manufacturer, rectifier, importer, or wholesaler of it is guilty of a misdemeanor. To the extent that this information is blown into the glass of the container, it constitutes a compliance with this section.