Amended
IN
Assembly
April 14, 2021 |
Amended
IN
Assembly
February 16, 2021 |
Introduced by Assembly (Principal coauthor: Senator Hertzberg) (Coauthors: Assembly Members Carrillo, Chiu, Cooper, Cunningham, Daly, Flora, Nazarian, and Valladares) (Coauthors: Senators Allen, Bates, Gonzalez, and Rubio) |
December 07, 2020 |
The bill would authorize the department to adopt rules to establish procedures for the imposition of a reasonable condition, or the suspension of the operation and enforcement of a condition, in a license for a period not to exceed an unspecified number of days from the date of imposition or suspension. The bill would limit the purpose of such temporary license modification to specified and unspecified purposes.
The bill would require the department to adopt rules to extend certain temporary regulatory relief measures relating to expanded outdoor dining areas and outdoor to-go sales privileges. The bill would also require the department to adopt rules to remove a hard barrier requirement for outdoor alcohol service in order to streamline the creation of permanent outdoor dining areas in the public right-of-way. The bill would require these rules to operate for a period of 2 years following the expiration of local emergency declarations pursuant to the California Emergency Services Act relating to the COVID-19 pandemic.
(4)Existing law authorizes a local authority, whenever the local authority determines, upon the basis of an
engineering and traffic survey, that the established prima facie speed limit of 25 miles per hour is more than is reasonable or safe, to determine and declare a prima facie speed limit of 20 or 15 miles per hour, as specified. Existing law provides that the ordinance or resolution is not effective until appropriate signage is erected or as specified.
This bill would provide that a local authority may, by ordinance or resolution, determine and declare prima facie speed limits of 15 or 20 miles per hour in an area where outdoor dining has been authorized. This bill would provide that the ordinance or resolution is not effective until appropriate signage is erected, as specified.
(5)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.
The department may adopt rules to establish procedures for the imposition of a reasonable condition, or the suspension of the operation and enforcement of a condition, in a license for a period not to exceed ____ days from the date of imposition or suspension. A temporary license modification pursuant to this chapter shall be limited to the following purposes:
(a)In furtherance of state emergency declarations and orders pursuant to the California Emergency Services Act.
(b)____.
The department shall do both of the following:
(a)Adopt rules to extend the temporary regulatory relief measures adopted in furtherance of state emergency declarations and orders pursuant to the California Emergency Services Act regarding the COVID-19 pandemic, as follows:
(1)Extend regulatory relief for expanded outdoor dining areas as provided by any applicable department notice of regulatory relief as of ____, as it relates to outdoor dining, and by COVID-19 Temporary Catering Authorizations for a period of two years following the expiration of local emergency declarations pursuant to the California Emergency Services Act regarding the COVID-19 pandemic.
(2)Extend regulatory relief for outdoor to-go sales privileges as provided by any applicable department notice of regulatory relief as of ____, as it relates to outdoor to-go sale privileges, for a period of two years following the expiration of local emergency declarations pursuant to the California Emergency Services Act regarding the COVID-19 pandemic.
(b)Adopt rules to remove the hard barrier requirement for outdoor alcohol service in order to streamline the creation of permanent outdoor dining areas in the public right-of-way for a period of two years following the expiration of local emergency declarations pursuant to the California Emergency Services Act regarding the COVID-19 pandemic.
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.
(a)(1)Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by subdivision (b) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey.
(2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by
the Department of Transportation and the appropriate signs are erected upon the highway.
(b)(1)Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows:
(A)A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The
prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour.
(B)A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply
when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour.
(2)The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions:
(A)A maximum of two traffic lanes.
(B)A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone.
(3)The prima facie limits established under paragraph (1) apply to all lanes of an affected
highway, in both directions of travel.
(4)When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration.
(5)(A)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
(B)For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school
grounds.
(C)For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds.
(D)A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision.
(c)(1)Notwithstanding subdivision (a), or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits of 15 or 20 miles per hour in an area where outdoor dining has been authorized.
(2)An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway, and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway.
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.