BILL NUMBER: SB 339	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk
   (Coauthor: Senator Evans)
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 15, 2011

   An act to add Section 23038.3 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 339, as introduced, Wolk. Alcoholic beverage: on-sale beer and
wine licenses: bona fide public eating place.
   The Alcoholic Beverage Control Act authorizes the issuance of an
on-sale beer and wine eating place license, which authorizes the sale
of beer and wine for consumption on or off the licensed premises,
provided the licensee maintains the licensed premises as a bona fide
public eating place, as defined.
   This bill would expand the definition of bona fide public eating
place, for purposes of the on-sale beer and wine eating place
license, to include a cooking school that provides courses and
instructions in the preparation of food and maintains suitable
kitchen facilities, as provided.
   The Alcoholic Beverage Control Act provides that a violation of
specified provisions of the act is punishable as a misdemeanor. This
bill would expand an existing crime by imposing requirements on
additional licensees under the act, thus, the bill would impose 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 23038.3 is added to the Business and
Professions Code, to read:
   23038.3.  Notwithstanding Section 23038, for purposes of issuing
an on-sale beer and wine license only, "bona fide public eating place"
also means a cooking school that regularly and in a bona fide manner
provides courses of instruction in the preparation of food, and that
maintains suitable kitchen facilities for the preparation of food
that is offered to persons attending the courses of instruction.
  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.