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SB-352 Alcoholic beverage licensees: on-sale general licenses for bona fide eating places.(2019-2020)



Current Version: 05/17/19 - Amended Senate

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SB352:v98#DOCUMENT

Amended  IN  Senate  May 17, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 352

Introduced by Senator Dodd

February 19, 2019

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


LEGISLATIVE COUNSEL'S DIGEST


SB 352, as amended, Dodd. 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 also provides for 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 the year in which the county reaches the limit on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions.
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 may issue up to 10 additional new original on-sale general licenses for bona fide public eating places in the first calendar year following the year the limit is reached, and in each calendar year thereafter. reached.
(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.
(c) 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.
(d) A license issued under this section shall not be transferred from one county to another.
(e) 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.
(f) Following the cancellation or revocation of a license issued under this section, the department shall issue one additional license following the procedures set forth in Section 23961 and this section.