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SB-980 Alcoholic beverage licenses.(2021-2022)

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Date Published: 04/27/2022 09:00 PM
SB980:v98#DOCUMENT

Amended  IN  Senate  April 27, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 980

Introduced by Senator Wiener

February 10, 2022

An act to amend Sections 23789, 23985.5, 24015, 24044.5, 24045.5, and 24300 of, 24013.2, and 24015 of, to add Section 23795 to, and to repeal Sections 24013.1 and 24013.2 of, Section 24013.1 of, the Business and Professions Code, relating to alcoholic beverage control.


LEGISLATIVE COUNSEL'S DIGEST


SB 980, as amended, Wiener. Alcoholic beverage licenses.
(1) The Existing law, the Alcoholic Beverage Control Act Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control.
This bill would prohibit the department from denying the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence, and would prohibit the department from maintaining a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property. residence.

(2)Existing law authorizes the department to refuse the issuance of any retail license for premises located within the immediate vicinity of churches and hospitals and within 600 feet of schools, public playgrounds, or nonprofit youth facilities.

This bill would make those provisions applicable to retail offsale licenses only.

(3)

(2) Existing law requires an applicant to mail notification of an application for the issuance of a retail license to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued, except as specified.
This bill would specify that the notice is not required if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving the notification requirement.

(4)

(3) Existing law provides that if an application for a license is voluntary voluntarily withdrawn as a result of any protest being filed opposing the issuance of the license, the applicant may not refile an application for the same location for one year, and year. Additionally, existing law makes the verified protests valid against any subsequent applications filed for that premises for one year from the date of withdrawal.
This bill would repeal those provisions. the one-year bar on refiling an application for the same location. The bill would limit the one-year validity period of verified protests to subsequent applications for a license of the same type that are filed for that premises.

(5)

(4) Existing law, after the department notifies an applicant and all protesting parties of its determination to issue a license, authorizes a protesting party to request the department to conduct a hearing on the issues protested.
This bill would require the department, after 120 days have elapsed since verification of a protest without holding a hearing, to notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing, and would deem the protest withdrawn if the person who filed the request for a hearing does not provide the confirmation within 30 days.

(6)Existing law requires the purchase of beer, wine, or distilled spirits by the holder of an interim operating permit for a retail license or the holder of a temporary permit to be made only upon payment before or at the time of delivery in currency or by check, except as specified. Existing law makes it a violation or otherwise grounds for disciplinary action for any licensee to extend credit to the holder of a temporary permit or to receive payment from the permittee unless the seller had knowledge of the fact that the purchaser was operating under a temporary permit.

This bill would delete those provisions.

(7)Existing law requires any hearings held on a protest, accusation, or petition for a license to be held in the county in which the premises or licensee is located, except as specified, and sets forth procedural and other requirements for the hearings.

This bill would require the department to issue an applicant for a retail license an interim operating permit if the department has not held a hearing within 6 months after the filing of a protest against the applicant, and would authorize the department to adopt conditions that it determines are reasonable pursuant to its investigation of the license application.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23795 is added to the Business and Professions Code, to read:

23795.
 (a)The department shall not deny the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence. The department shall not maintain a presumption that the issuance of a retail license for a premises located within 100 feet of a residence would interfere with the quiet enjoyment of the property by residents.

SEC. 2.Section 23789 of the Business and Professions Code is amended to read:
23789.

(a)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within the immediate vicinity of churches and hospitals.

(b)The department is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail offsale license for premises located within at least 600 feet of schools and public playgrounds or nonprofit youth facilities, including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department.

SEC. 3.SEC. 2.

 Section 23985.5 of the Business and Professions Code is amended to read:

23985.5.
 (a) Notwithstanding any other provision of this article, in any instance affecting the issuance of any retail license at a premises that is not currently licensed or for a different retail license, the department shall require that the applicant mail notification of the application to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued.
(b) The department shall require the applicant to provide notification to the owners of real property, as required in subdivision (a), only if the local jurisdiction in which the license is to be issued provides, free of charge, a list of the names and addresses of the owners to the applicant.
(c) For the notification required by subdivision (a), the department shall develop bilingual notices in English and Spanish. The notice shall include information on how to obtain the notice information in a minimum of three of the predominant languages other than English or Spanish in the state, according to the most recent United States decennial or special census information.
(d) The notification required in subdivision (a) shall not be required in any instance affecting the issuance of a retail license at a premises if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving this notification requirement.

SEC. 4.SEC. 3.

 Section 24013.1 of the Business and Professions Code is repealed.
SEC. 5.Section 24013.2 of the Business and Professions Code is repealed.

SEC. 4.

 Section 24013.2 of the Business and Professions Code is amended to read:

24013.2.
 If an application for issuance of a license at a premises is voluntarily withdrawn pursuant to Section 24013.1, as a result of any protest being filed opposing the issuance of that license, all verified protests filed against the issuance of the license at the premises in such application shall remain valid against any subsequent applications for a license of the same type filed for that premises for a period of one year from the date of withdrawal.

SEC. 6.SEC. 5.

 Section 24015 of the Business and Professions Code is amended to read:

24015.
 (a) If, after investigation, the department recommends that a license be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the applicant and all protesting parties whose protests have been accepted in writing of its determination.
(b) Any person who has filed a verified protest in a timely fashion pursuant to subdivision (a) of Section 24013, that has been accepted pursuant to this article may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under subdivision (a).
(c) At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(d) If a request for a hearing is filed with the department pursuant to subdivision (b), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(e) Notwithstanding that a hearing is held pursuant to subdivision (d), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(f) If no request for a hearing is filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may issue the license without any further proceeding.
(g) If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(h) If 120 days have elapsed since the verification of a protest without the holding of a hearing pursuant to subdivision (b), the department shall notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing. If the person who filed the request for a hearing does not provide the confirmation in writing within 30 days, the protest shall be deemed withdrawn.