Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

SB-1028 Alcoholic beverage licensees: on-sale general licenses for bona fide eating places.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 04/02/2024 09:00 PM
SB1028:v97#DOCUMENT

Amended  IN  Senate  April 02, 2024
Amended  IN  Senate  March 13, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1028

Introduced by Senator Alvarado-Gil
(Principal coauthor: Senator Dodd)
(Coauthors: Senators Dahle, Laird, Niello, and Ochoa Bogh)
(Coauthor: Assembly Member Joe Patterson)

February 06, 2024

An act to add Section 23828 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


SB 1028, as amended, Alvarado-Gil. Alcoholic beverage licensees: on-sale general licenses for bona fide eating places.
The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act imposes a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided.
This bill would authorize the department to issue up to 10 additional new original on-sale general licenses for bona fide public eating places in the first calendar year following any year in which the county reaches the limit on on-sale general licenses, subject to specified provisions. The bill would authorize the county board of supervisors, by resolution submitted to the department on or before July 1, to limit the maximum number of additional licenses issued in the county pursuant to the bill’s provisions in that year, as specified. The bill would authorize the department to designate licenses issued pursuant to this section the bill’s provisions as on-sale general for special use.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23828 is added to the Business and Professions Code, to read:

23828.
 (a) Notwithstanding any other provision of this chapter, in any county that has reached its limit of on-sale general licenses for bona fide public eating places, determined pursuant to this chapter, the department, subject to subdivision (b), may issue up to 10 additional new original on-sale general licenses for bona fide public eating places after July 1 of the first calendar year following any year the limit is reached.
(b) (1) The board of supervisors for the county in which additional licenses are otherwise authorized to be issued pursuant to this section may further limit the maximum number of those additional licenses by adopting and submitting to the department a resolution no later than the first day of the period to which the resolution applies, as specified in paragraph (2).
(2) A resolution adopted pursuant to paragraph (1) shall be effective for the year commencing the following July 1.
(3) If the county board of supervisors does not submit a resolution pursuant to this subdivision on or before July 1 of any year, the department may issue any licenses that have not been issued, not exceeding 10, pursuant to this section during that year commencing July 1.
(c) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(d) The department may designate licenses issued pursuant to this section as on-sale general for special use. A designation pursuant to this subdivision shall not alter any license privileges or restriction established pursuant to this section.
(e) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(f) A license issued under this section shall not be transferred from one county to another.
(g) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(h) Following the cancellation or revocation of a license issued under this section, the department shall issue one additional license following pursuant to the procedures set forth in Section 23961 and this section.