BILL NUMBER: AB 2080 CHAPTERED 07/10/08 CHAPTER 93 FILED WITH SECRETARY OF STATE JULY 10, 2008 APPROVED BY GOVERNOR JULY 10, 2008 PASSED THE SENATE JUNE 26, 2008 PASSED THE ASSEMBLY MAY 1, 2008 AMENDED IN ASSEMBLY MARCH 24, 2008 INTRODUCED BY Assembly Member La Malfa (Principal coauthor: Assembly Member Plescia) (Coauthors: Assembly Members Jeffries, Price, Silva, Strickland, Tran, and Villines) FEBRUARY 19, 2008 An act to amend Sections 24081 and 24082 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST AB 2080, La Malfa. Alcoholic beverages: licensees. The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides that an on-sale licensee whose licensed premises were destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on his or her business for a period of up to 60 days at a location within 500 feet of the licensed premises while the destroyed premises are being repaired or rebuilt. This bill would authorize a licensee to carry on its business at a substitute location, within 500 feet of the destroyed premises, for a period of up to 180 days. Existing law also provides that the license of a licensee whose premises were destroyed as a result of a fire or an act of God, that has been transferred to another location within the same county, may be transferred back to the original premises within 6 months, under specified circumstances, without a fee transfer payment. This bill would authorize a licensee to transfer a license back to the original premises, without payments of a transfer fee, if the transfer is made within 18 months of the destruction of the original premises. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 24081 of the Business and Professions Code is amended to read: 24081. (a) Notwithstanding any other provision of law in this division including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which a license, other than an off-sale license, has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on his or her business for a period of not more than 180 days at a location within 500 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and he or she shall be entitled to carry on his or her business under his or her existing license upon the former premises when they have been repaired or rebuilt. (b) Notwithstanding any other provision of law in this division, including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which an off-sale license has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, may carry on his or her business for a period of not more than six months at a location within 500 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and he or she shall be entitled to carry on his or her business under his or her existing license upon the former premises when they have been repaired or rebuilt. SEC. 2. Section 24082 of the Business and Professions Code is amended to read: 24082. The license of a licensee whose licensed premises have been destroyed as a result of fire or act of God or have been taken under the power of eminent domain, may be transferred to another location within the same county without payment of the fee for transfer of a license from one premises to another premises. Within 18 months of the fire or act of God, if the destroyed premises have been reconstructed and the license has not been transferred to another person, the license may be transferred back to the location of the destroyed premises without payment of the fee for transfer of a license from one premises to another premises.