BILL NUMBER: AB 1320	CHAPTERED
	BILL TEXT

	CHAPTER  467
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2012
	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 30, 2012
	AMENDED IN SENATE  JUNE 11, 2012
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 30, 2011
	AMENDED IN SENATE  JUNE 23, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Member Allen

                        FEBRUARY 18, 2011

   An act to add Section 23826.11 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1320, Allen. Alcoholic beverages: licenses.
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also provides for a limitation on the amount of
on-sale general licenses that may be issued by the department based
on the population of the county in which the licensed premises are
located, as provided.
   This bill would provide an exception to this limitation for a
county of the 18th class, as specified.
   The bill makes legislative findings and declarations regarding the
necessity of a special statute.


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

  SECTION 1.  Section 23826.11 is added to the Business and
Professions Code, to read:
   23826.11.  (a) Notwithstanding any other provision of this
chapter, in any county of the 18th class the department may issue
five additional new original on-sale general licenses for bona fide
public eating places per year, until January 1, 2016. To qualify for
a license under this section the premises upon which a bona fide
public eating place is operated shall have a seating capacity for 50
or more diners. Not more than a total of 15 on-sale general licenses
shall be issued under this section.
   (b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   (c) This chapter does not prohibit a person who currently holds a
valid on-sale general license for seasonal business from applying for
an original on-sale general license pursuant to this section.
   (d) A license issued under this section shall not be transferred
from one county to another nor shall it be transferred to any
premises not qualifying under this section.
  SEC. 2.   The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances of the economy of a county of the
18th class specified in Section 1, that are applicable only to a
county of the 18th class.