BILL NUMBER: AB 1750 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hagman
FEBRUARY 8, 2010
An act to amend Section 23396.1 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1750, as introduced, Hagman. Alcoholic beverages: lodging
establishments.
The Alcoholic Beverage Control Act authorizes motels and hotels
having an on-sale general license for restricted service lodging
establishments, as described, to sell or furnish alcoholic beverages
for consumption on the premises by specified means.
This bill would extend that authorization to allow those motels
and hotels having an on-sale general license for restricted service
lodging establishments to sell or furnish beer and wine for
consumption on the premises, where the beer or wine is sold in a food
sale area, as defined, and consumed in specified areas of the motel
or hotel.
The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional duties on a licensee under the
act, thereby creating a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23396.1 of the Business and Professions Code is
amended to read:
23396.1. (a) An on-sale general license for restricted service
lodging establishments authorizes those hotels and motels described
in subdivision (b) (c) to sell or
furnish alcoholic beverages for consumption on the premises by means
of:
(1) Controlled access alcoholic beverage cabinets located in
guestrooms, subject to the conditions specified in Section 23355.2.
(2) Furnishing alcoholic beverages only to their transient guests
and their invitees under circumstances where the uniform cost of the
alcoholic beverages is included in the price of the overnight
transient occupancy accommodation, whether or not separately stated.
(b) (1) An on-sale general license for restricted service lodging
establishments authorizes those hotels and motels described in
subdivision (c) to sell or furnish beer and wine for consumption on
the premises, as defined in paragraph (2), and as designated to and
approved by the department as part of the licensed premises. Beer and
wine in sealed containers may be sold only to the licensee's
transient guests and their guests in a food sale area located within
the lodging establishment itself.
(2) For purposes of this subdivision, the following definitions
apply:
(A) "Food sale area" means a food facility, within the meaning of
Section 113789 of the Health and Safety Code, that routinely offers
for sale, throughout the area's normal hours of operation each day to
all of the lodging establishment's transient guests and their
invitees, primarily items like prepackaged sandwiches, salads,
snacks, candy, dairy products, water, soft drinks, and other
nonalcoholic beverages in bottles or cans, and similar food items.
The "food sale area" may also offer for sale various items such as
health and beauty aids, cosmetics, nonprescription drugs, film,
batteries, and similar sundries.
(B) "Premises" means guestrooms, the general lobby area of the
lodging establishment, rooms designated for private meetings and
conferences, and outside of the lodging establishment in the general
pool, picnicking, recreation, and similar gathering areas of the
lodging establishment.
(b)
(c) For purposes of this division, a
"restricted service lodging establishment" is a hotel or motel,
within the meaning of subdivision (f) of Section 23355.2, which meets
all of the following conditions:
(1) It does not operate a bona fide eating place or other public
premise.
(2) It has at least 10 guestroom accommodations.
(3) It does not derive more than 5 percent of its total gross
annual revenues from sales of alcoholic beverages.
(c)
(d) A premises licensed pursuant to this
section shall not be authorized to sell or furnish alcoholic
beverages to the general public, shall not be entitled to a caterer's
permit pursuant to Section 23399, and shall not be entitled to
exercise any off-sale privileges pursuant to Section 23401. The
provisions of Article 2 (commencing with Section 23815) of Chapter 5
do not apply to the issuance of on-sale general licenses for
restricted service lodging establishments. An on-sale general
restricted service lodging establishment license may be transferred
to another person but not to another location. A licensee specified
in this section shall purchase no alcoholic beverages for sale in
this state other than from a wholesaler or winegrower licensee.
(d)
(e) An applicant for an original on-sale
general license for restricted service lodging establishments shall,
at the time of filing the application for the license, accompany the
application with a fee of six thousand dollars ($6,000). The annual
renewal fee for a license issued pursuant to this section shall be
the same as the applicable annual renewal fee for an on-sale general
license.
SEC. 2. 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.