BILL NUMBER: SB 339	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2011

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

                        FEBRUARY 15, 2011

   An act to  add Section 23038.3 to   amend
Section 23396 of, and to add Section 23038.3 to,  the Business
and Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 339, as amended, 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  , and meets other specified
requirements  .
   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 bill would make other
related changes to a provision containing compliance requirements
imposed upon bona fide   eating places for which an on-sale
license has been issued. 
   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.    Section 23396 of the   Business
and Professions Code   is amended to read: 
   23396.  Any on-sale license authorizes the sale of the alcoholic
beverage specified in the license for consumption on the premises
where sold. No alcoholic beverages, other than beers, may be sold or
served in any bona fide public eating place for which an on-sale
license has been issued unless the premises comply with the
requirements prescribed in Section 23038, 23038.1,  or
24045.1   23038.2, or 23038.3  .
   SEC. 2.   SEC. 3.   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.