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AB-61 Business pandemic relief.(2021-2022)



Current Version: 05/03/21 - Amended Assembly         Compare Versions information image


AB61:v96#DOCUMENT

Revised  May 04, 2021
Amended  IN  Assembly  May 03, 2021
Amended  IN  Assembly  April 14, 2021
Amended  IN  Assembly  February 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 61


Introduced by Assembly Members Gabriel and Gipson
(Principal coauthor: Senator Hertzberg)
(Coauthors: Assembly Members Aguiar-Curry, Carrillo, Chiu, Cooper, Cunningham, Daly, Davies, Flora, Nazarian, Valladares, and Eduardo Garcia Eduardo Garcia, Nazarian, Blanca Rubio, Smith, and Valladares)
(Coauthors: Senators Allen, Bates, Gonzalez, and Rubio)

December 07, 2020


An act to add Section 25750.5 to, and to add Article 7 (commencing with Section 23520) to Chapter 3 of Division 9 of, the Business and Professions Code, to add and repeal Section 65907 of the Government Code, and to amend Sections 113980, 114069, and 114266 Section 114067 of the Health and Safety Code, relating to business pandemic relief.


LEGISLATIVE COUNSEL'S DIGEST


AB 61, as amended, Gabriel. Business pandemic relief.
(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, has established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges.
This bill would authorize the department to issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a restaurant licensed under the act. The bill would require delivery by a third-party delivery licensee to be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off sale and deliver those alcoholic beverages to consumers. Because the violation of a provision of a license is punishable as a misdemeanor and the bill would create a new category of license, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.
This bill would authorize the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Permit approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified.
(2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance.
This bill would, until January 1, 2024, require a city, county, or city and county, that receives an application for a parking zone variance or conditional use permit in connection with the outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining, to approve or reject the application ministerially, without any discretionary review. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.
(3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law requires every permanent food facility to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure, as specified. Existing law exempts dining areas or any other operation approved for outdoor food service from these provisions. restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, prior to conducting satellite food service, to submit to the enforcement agency written operating standards.

This bill would additionally exempt kitchens and outdoor coffee bars from these provisions.

Existing law requires that all food be, among other things, produced, prepared, kept for sale, and served so as to be pure and free from adulteration and spoilage, and to be protected from, among other things, dirt, vermin, or other environmental sources of contamination. Existing law limits the sale of food outdoors by a food facility to prepackaged nonpotentially hazardous food or uncut produce that meets specified criteria.

This bill would exempt outdoor coffee bars from these provisions.

This bill would, for a period of one year after the end of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic, authorize a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. This bill would require the written operating procedures to be maintained onsite for review, upon request, by the local jurisdiction.
(4) 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 with regard to the mandates imposed by this bill no reimbursement is required by this act for specified reasons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 7 (commencing with Section 23520) is added to Chapter 3 of Division 9 of the Business and Professions Code, to read:
Article  7. Third-party Alcohol Delivery License

23520.
 The department may issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a restaurant licensed under this division. Except as provided in this article, delivery by a licensee under this article shall be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off sale and deliver those alcoholic beverages to consumers.

SEC. 2.

 Section 25750.5 is added to the Business and Professions Code, to read:

25750.5.
 (a) For a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, the Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Permit approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.
(b) The COVID-19 Temporary Catering Permit approved by the department shall be subject to those terms and conditions established by the department and as stated in the Fourth Notice of Regulatory Relief and the related application form.
(c) Notwithstanding any other provision of law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.
(d) This section shall become inoperative 365 days after the state of emergency declared by the Governor on March 4, 2020, in response to the COVID-19 pandemic, ends.
Notwithstanding any other provision of law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.

SEC. 3.

 Section 65907 is added to the Government Code, to read:

65907.
 (a) Commencing January 1, 2022, a city, county, or city and county, that receives an application for a parking zone variance or conditional use permit in connection with the outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining, shall approve or reject the application ministerially, without any discretionary review.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.Section 113980 of the Health and Safety Code is amended to read:
113980.

(a)All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure and free from adulteration and spoilage; shall have been obtained from approved sources; shall be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)).

(b)This section does not apply to an outdoor coffee bar.

SEC. 5.Section 114069 of the Health and Safety Code is amended to read:
114069.

(a)Only prepackaged nonpotentially hazardous food or uncut produce may be displayed or sold outdoors by a food facility if all of the following conditions are satisfied:

(1)Outdoor displays have overhead protection that extends over all food items.

(2)Food items from the outdoor display are stored inside the fully enclosed food facility at all times other than during business hours.

(3)Outdoor displays comply with Section 113980 and have been approved by the enforcement agency.

(4)Outdoor displays are under the control of the permitholder of the fully enclosed food facility and are checked periodically on a regular basis.

(b)This section does not apply to an outdoor coffee bar.

SEC. 6.Section 114266 of the Health and Safety Code is amended to read:
114266.

(a)Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.

(b)Notwithstanding subdivision (a), this section does not require the enclosure of dining areas, kitchens, outdoor coffee bars, or any other operation approved for outdoor food service.

(c)Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.

SEC. 4.

 Section 114067 of the Health and Safety Code is amended to read:

114067.
 (a) Satellite food service is restricted to limited food preparation.
(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:
(1) All food products that will be handled and dispensed.
(2) The proposed procedures and methods of food preparation and handling.
(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.
(5) How potentially hazardous foods will be maintained in accordance with Section 113996.
(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.
(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.
(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.
(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.
(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:
(1) A fully enclosed satellite food service operation.
(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.
(3) A fully enclosed permanent food facility.
(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.
(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.
(k) (1) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction.
(2) This subdivision shall remain operative for a period of one year following the end, pursuant to Section 8629 of the Government Code, of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic.

SEC. 7.SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.
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REVISIONS:
Heading—Lines 4 and 5.
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