Amended in Assembly May 1, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 461


Introduced by Assembly Member Achadjian

February 19, 2013


An act to add Section 23826.12 to the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 461, as amended, Achadjian. 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 San Luis Obispo County, as specified.

This bill would make legislative findings and declarations regarding the necessity of a special statute.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 23826.12 is added to the Business and
2Professions Code
, to read:

3

23826.12.  

(a) Notwithstanding any other provision of this
4chapter, in any county of the 24th class, the department may issue
5begin insert no more than a total of end insert five additional new original on-sale general
6licenses for bona fide public eating placesbegin delete per year, until January
71, 2017end delete
begin insert from January 1, 2014, to December 31, 2016, inclusiveend insert.
8To qualify for a license under this section, the premises upon which
9a bona fide public eating place is operated shall have a seating
10capacity for 50 or more diners.begin delete Not more than a total of 15 on-sale
11general licenses shall be issued under this section.end delete

12(b) In issuing the licenses provided for in this section, the
13department shall follow the procedure set forth in Section 23961.

14(c) This chapter does not prohibit a person who currently holds
15a valid on-sale general license for seasonal business from applying
16for an original on-sale general license pursuant to this section.

17(d) A license issued under this section shall not be transferred
18from one county to another nor shall it be transferred to any
19premises not qualifying under this section.

20

SEC. 2.  

The Legislature finds and declares that a special law
21is necessary and that a general law cannot be made applicable
22within the meaning of Section 16 of Article IV of the California
23Constitution because of the unique circumstances of the economy
24of a county of the 24th class, as specified in Section 1, that apply
25only to a county of the 24th class.



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