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AB-929 Alcoholic beverages: licensed premises: extensions.(2021-2022)

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Date Published: 04/14/2021 09:00 PM
AB929:v98#DOCUMENT

Amended  IN  Assembly  April 14, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 929


Introduced by Assembly Member Levine

February 17, 2021


An act to add Section 23398.8 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 929, as amended, Levine. Alcoholic beverages: licensed premises: extensions.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control (department), regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes the department to issue various types of licenses and prohibits a person from exercising the privilege which a licensee may exercise or performing under the authority of a license unless the person is authorized to do so by a license. Existing law authorizes a person holding an on-sale general license to sell beer, wine, and distilled spirits for consumption on the premises where they are sold. Existing law authorizes specified licensees to apply for a caterer’s permit. A caterer’s permit under an on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department.
This bill would authorize a licensee with an on-sale general license or a winegrowers license to apply to extend the licensed premises pursuant to a prescribed process. The bill would identify the sorts of areas that may be included in an extension of a licensed premises, which would include outdoor areas that are accessible from the licensed premises but not licensed at the time of application and parking lots. In order to extend the licensed premises, the bill would require a licensee to provide the department with specified documents, including a diagram of the licensed premises at the time of application and the proposed area to be added, clearly delineating the respective spaces, and an explanation of the licensee’s legal ability to control the proposed extended area. The bill would require the department to grant an application to extend the licensed premises that fulfills its requirements. The bill would make permanent temporary catering authorizations allowed by the department under provisions regarding regulatory relief in furtherance of executive orders regarding the spread of the COVID-19 virus.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23398.8 is added to the Business and Professions Code, to read:

23398.8.
 (a) Notwithstanding any other law to the contrary, a licensee with an on-sale general license or a winegrowers license may apply to extend the licensed premises as prescribed in this section. The areas that may be included in the extension of the licensed premises are as follows:
(1) Indoor areas that are accessible from within the licensed premises but not licensed at the time of application.
(2) Outdoor areas that are accessible from the licensed premises but not licensed at the time of application.
(3) Indoor and outdoor areas under the control of the licensee and one or more other businesses.
(4) Parking lots.
(5) Sidewalks and other public thoroughfares that are closed to public access during the period of service.
(6) Other areas within close proximity to the licensed premises that are immediately accessible to the licensee, and that are secured by and under the control of the licensee, at the discretion of the department.
(b) In order to extend the licensed premises as authorized under subdivision (a), the licensee shall provide the department with all of the following:
(1) A diagram of the licensed premises at the time of application and the proposed area to be added, clearly delineating the respective spaces.
(2) An explanation of the licensee’s legal ability to control the proposed extended area, which may include, but is not limited to, whether the licensee owns or rents the area, the local governing authority that has authorized the licensee to use the area, or any other type of permission to use the area that the licensee has been given.
(3) What temporary or fixed barriers or delineations will be utilized that will enable the licensee to control the proposed area.
(4) Whether the extended area will be shared with any other person, whether or not a licensee.
(5) A statement that a copy of the application has been forwarded to the appropriate local law enforcement agency.
(6) A statement by the licensee that the extension of premises is consistent with the requirements of this section, as well as any other applicable state and local directives.

(c)(1)An application to extend licensed premises that fulfills the requirements of this section shall be granted by the department.

(2)

(c) A catering authorization allowed by the department under provisions regarding regulatory relief in furtherance of executive orders regarding the spread of the COVID-19 virus are is hereby made permanent, to the extent they are it is consistent with the guidelines outlined in subdivision (b). No additional licensing fee shall be required in this regard.