BILL NUMBER: SB 1044	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 16, 2010

   An act to amend Section 23399 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1044, as introduced, Harman. Alcohol beverage control: events.
   The Alcoholic Beverage Control Act provides for the issuance of
licenses for which various annual fees are charged depending upon the
type of license issued. The act authorizes the issuance of an
on-sale general license, upon application to the Department of
Alcoholic Beverage Control, for the sale of beer, wine, and distilled
spirits for consumption on the premises where sold. Existing law
allows a licensee under an on-sale license to apply for an event
permit to authorize, at events held no more frequently than four days
in any single calendar year, the sale of beer, wine, or distilled
spirits for consumption on property adjacent to the licensed premises
and owned or under the control of the licensee, as specified.
   This bill would allow an event license to authorize the sale of
beer, wine, and distilled spirits at up to 14 events in a single
year.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 23399 of the Business and Professions Code is
amended to read:
   23399.  (a) An on-sale general license authorizes the sale of
beer, wine, and distilled spirits for consumption on the premises
where sold. Any licensee under an on-sale general license, an on-sale
beer and wine license, a club license, or a veterans' club license
may apply to the department for a caterer's permit. A caterer's
permit under an on-sale general license shall authorize the sale of
beer, wine, and distilled spirits for consumption at conventions,
sporting events, trade exhibits, picnics, social gatherings, or
similar events held any place in the state approved by the
department. A caterer's permit under an on-sale beer and wine license
shall authorize the sale of beer and wine for consumption at
conventions, sporting events, trade exhibits, picnics, social
gatherings, or similar events held any place in the state approved by
the department. A caterer's permit under a club license or a
veterans' club license shall authorize sales at these events only
upon the licensed club premises.
   (b) Any licensee under an on-sale general license or an on-sale
beer and wine license may apply to the department for an event
permit. An event permit under an on-sale general license or an
on-sale beer and wine license shall authorize, at events held no more
frequently than  four   14  days in any
single calendar year, the sale of beer, wine, and distilled spirits
only under an on-sale general license or beer and wine only under an
on-sale beer and wine license for consumption on property adjacent to
the licensed premises and owned or under the control of the
licensee. This property shall be secured and controlled by the
licensee and not visible to the general public.
   (c) This section shall in no way limit the power of the department
to issue special licenses under the provisions of Section 24045 or
to issue daily on-sale general licenses under the provisions of
Section 24045.1. Consent for sales at each event shall be first
obtained from the department in the form of a catering or event
authorization issued pursuant to rules prescribed by it. Any event
authorization shall be subject to approval by the appropriate local
law enforcement agency. Each catering or event authorization shall be
issued at a fee not to exceed ten dollars ($10) and this fee shall
be deposited in the Alcohol Beverage Control Fund as provided in
Section 25761.
   (d) At all approved events, the licensee may exercise only those
privileges authorized by the licensee's license and shall comply with
all provisions of the act pertaining to the conduct of on-sale
premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit, or
both, as though the violation occurred on the licensed premises.
   (e) The fee for a caterer's permit for a licensee under an on-sale
general license, a caterer's permit for a licensee under an on-sale
beer and wine license, or an event permit for a licensee under an
on-sale general license or an on-sale beer and wine license shall be
one hundred four dollars ($104) for permits issued during the 2002
calendar year, one hundred seven dollars ($107) for permits issued
during the 2003 calendar year, one hundred ten dollars ($110) for
permits issued during the 2004 calendar year, and for permits issued
during the years thereafter, the annual fee shall be calculated
pursuant to subdivisions (b) and (c) of Section 23320, and the fee
for a caterer's permit for a licensee under a club license or a
veterans' club license shall be as specified in Section 23320, and
the permit may be renewable annually at the same time as the licensee'
s license. A caterer's or event permit shall be transferable as a
part of the license.