BILL NUMBER: SB 825 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 18, 2009
PASSED THE ASSEMBLY JULY 16, 2009
AMENDED IN SENATE MAY 4, 2009
INTRODUCED BY Committee on Governmental Organization (Senators
Wright (Chair), Benoit, Calderon, Denham, Florez, Harman, Negrete
McLeod, Oropeza, Padilla, Romero, Wiggins, Wyland, and Yee)
MARCH 19, 2009
An act to amend Sections 24013 and 25176 of the Business and
Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 825, Committee on Governmental Organization. Alcoholic
beverages: liquor licenses: protests: prohibitions: refilling
distilled spirits containers.
The Alcohol Beverage Control Act provides that protests against
the issuance of a liquor license may be filed with the Department of
Alcoholic Beverage Control. The act permits the department to reject
protests, except protests made by a public agency, public official,
or governing body of a city or county, it determines to be false,
frivolous, vexatious, or without reasonable or probable cause.
This bill would make technical changes to those provisions to
reflect changes made to other related laws, as provided.
The Alcoholic Beverage Control Act contains various provisions
regulating the labeling and containers of alcoholic beverages within
the state, including a provision prohibiting, as a misdemeanor, the
refilling or causing to be refilled with distilled spirits any
distilled spirits package to which a tax stamp has been affixed
evidencing the payment of United States internal revenue taxes.
This bill would make a technical, nonsubstantive change to this
provision to conform with current United States internal revenue
procedure.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24013 of the Business and Professions Code is
amended to read:
24013. (a) Protests may be filed at any office of the department
within 30 days from the first date of posting the notice of intention
to engage in the sale of alcoholic beverages at the premises, within
30 days of the mailing of the notification pursuant to Section
23985.5, or within 30 days of the mailing of the notices of the
department to public officials as required by Section 23987,
whichever is later. The time within which a local law enforcement
agency may file a protest shall be extended by the period prescribed
in Section 23987, pursuant to a request made under that section.
(b) The department may reject protests, except protests made by a
public agency or public official or protests made by the governing
body of a city or county, if it determines the protests are false,
vexatious, frivolous, or without reasonable or probable cause at any
time before hearing thereon, notwithstanding Section 24016 or 24300.
If, after investigation, the department recommends that a license be
issued notwithstanding a protest by a public agency, a public
official, or the governing body of a city or county, the department
shall notify the agency, official, or governing body in writing of
its determination and the reasons therefor, in conjunction with the
notice of hearing provided to the protestant pursuant to Section
11509 of the Government Code. If the department rejects a protest as
provided in this section and issues a license, a protestant whose
protest has been rejected may, within 10 days after the issuance of
the license, file an accusation with the department alleging the
grounds of protest as a cause for revocation of the license and the
department shall hold a hearing as provided in Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(c) Nothing in this section shall be construed as prohibiting or
restricting any right that the individual making the protest might
have to a judicial proceeding.
SEC. 2. Section 25176 of the Business and Professions Code is
amended to read:
25176. Every person who refills or causes to be refilled with
distilled spirits any distilled spirits container is guilty of a
misdemeanor.