BILL NUMBER: AB 1437	CHAPTERED  07/11/01

	CHAPTER  53
	FILED WITH SECRETARY OF STATE  JULY 11, 2001
	APPROVED BY GOVERNOR  JULY 11, 2001
	PASSED THE ASSEMBLY  JUNE 27, 2001
	PASSED THE SENATE  JUNE 25, 2001
	AMENDED IN SENATE  JUNE 19, 2001
	AMENDED IN ASSEMBLY  MAY 15, 2001

INTRODUCED BY   Assembly Member Leslie
   (Coauthor:  Senator Chesbro)

                        FEBRUARY 23, 2001

   An act to add Section 24045.12 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1437, Leslie.  Alcoholic beverages:  licenses:  bed and
breakfast inn.
   Existing law authorizes the Department of Alcoholic Beverage
Control to issue a special on-sale wine license to any person
operating a bed and breakfast inn, as specified.
   This bill would authorize the department to issue a special
on-sale general license to any person operating a bed and breakfast
inn, as specified, to serve any alcoholic beverage, as defined, and
to charge a $200 fee, as provided, for that license.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 24045.12 is added to the Business and
Professions Code, to read:
   24045.12.  (a) The department may issue a special on-sale general
license to an establishment licensed to do business as a bed and
breakfast inn.
   (b) "Bed and breakfast inn," as used in this section, means an
establishment of 20 guestrooms or fewer, that provides overnight
transient occupancy accommodations, that serves food only to its
registered guests, that serves only a breakfast or similar early
morning meal, and with respect to which the price of the food is
included in the price of the overnight transient occupancy
accommodation.  For purposes of this section, "bed and breakfast inn"
refers to an establishment as to which the predominant relationship
between the occupants thereof and the owner or operator of the
establishment is that of innkeeper and guest.  For purposes of this
section, the existence of some other legal relationship as between
some occupants and the owner or operator is immaterial.
   (c) An establishment holding a license under this section is
authorized to serve any alcoholic beverage, as defined in Section
23004, only to registered guests of the establishment.  The alcoholic
beverage may not be given away to guests, but the price of the
beverage shall be included in the price of the overnight transient
occupancy accommodation.  Guests may not be permitted to remove any
alcoholic beverage served in the establishment from the grounds.
   (d) An establishment holding a license under this section shall
purchase all beer, wine, or distilled spirits for sale on the
licensed premises from a licensed wholesaler or winegrower.
   (e) The applicant for a license shall accompany the application
with an original fee of two hundred dollars ($200) and shall pay an
annual renewal fee of fifteen dollars ($15) for each guestroom in the
establishment, not to exceed a total of two hundred dollars ($200).

   (f) A special on-sale general bed and breakfast inn license may be
transferred to another person but not to another location.