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AB-1217 Alcoholic beverage licenses: historic cemetery.(2017-2018)

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Date Published: 06/13/2018 09:00 PM
AB1217:v90#DOCUMENT

Amended  IN  Senate  June 13, 2018
Amended  IN  Senate  September 08, 2017
Amended  IN  Senate  September 01, 2017
Amended  IN  Senate  July 19, 2017
Amended  IN  Senate  July 06, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1217


Introduced by Assembly Member Bocanegra and Senator Portantino Assembly Member Santiago
(Coauthor: Assembly Member Acosta)

February 17, 2017


An act to add and repeal Chapter 2.7 (commencing with Section 59170) of Part 32 of Division 4 of Title 2 of the Education Code, relating to pupil instruction. amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 1217, as amended, Bocanegra Santiago. Pupil instruction: state school: STEM instruction. Alcoholic beverage licenses: historic cemetery.
Existing 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. Existing law establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.
This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, and hold indoor or outdoor special events, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would prohibit the city or county from requiring a conditional use permit or other discretionary review for premises that meet the requirements described above. The bill would also make conforming and technical changes.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
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.

Existing law establishes a system of public elementary and secondary education in this state. Existing law establishes local educational agencies, including school districts and county offices of education, throughout the state, and authorizes these agencies to provide instruction to pupils in kindergarten and grades 1 to 12, inclusive.

This bill would establish a state school located in a county with a population of more than 3,500,000. The bill would require the state school to be governed by a nonprofit public benefit corporation for the purpose of providing outstanding and innovative instruction in science, technology, engineering, and mathematics (STEM) to historically underrepresented pupils in grades 6 to 12, inclusive. The bill would require the state school to complete a plan that governs the education of its pupils and the operation of the school in accordance with a specified timeline and prescribed criteria.

The bill would require the Superintendent of Public Instruction to oversee, monitor, and report on the operation of the state school, as specified. The bill would require the state school to annually prepare and submit several reports to the Superintendent, as specified. The bill would provide that, except as provided in this bill, the state school would be exempt from the statutes that govern school districts.

The bill would express the finding and declaration of the Legislature that the state school would be part of the Public School System, as defined in the California Constitution.

The bill would make these provisions inoperative on the first July 1 occurring after the state school has operated for 5 full school years.

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

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


SECTION 1.

 Section 23039 of the Business and Professions Code is amended to read:

23039.
 (a) “Public premises” means:
(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.
(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.
(b) “Public premises” does not include railroad any of the following:
(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year; nor does it include historic year.
(2) Historic units of the state park system, premises system.
(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks; nor does it include nonprofit racetracks.
(4) Nonprofit theater companies licensed pursuant to Section 24045.7; nor does it include theaters 24045.7.
(5) Theaters licensed pursuant to Section 24045.75; nor does it include winegrowers’ 24045.75.
(6) Cemeteries licensed pursuant to Section 24045.76.
(7) Winegrowers’ premises.

SEC. 2.

 Section 24045.76 is added to the Business and Professions Code, to read:

24045.76.
 (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code, and holds indoor or outdoor special events.
(b) The special on-sale general license shall permit the licensee to sell, furnish, give, or serve alcoholic beverages for consumption on the grounds, lobbies, and seating areas of outdoor and indoor areas where special events are conducted, subject to Section 25631. For the purposes of this section, special events shall include receptions, ceremonies, movie screenings, festivals, charity benefits, exhibitions, performances, and other similar activities. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place. The cemetery further shall not be subject to the provisions of Section 23793.
(c) A city or county shall not apply any standard or ordinance that has the effect of requiring a conditional use permit or other discretionary review for premises that meet the requirements of this section.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.

SEC. 4.

 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.