BILL NUMBER: AB 461	CHAPTERED
	BILL TEXT

	CHAPTER  110
	FILED WITH SECRETARY OF STATE  AUGUST 16, 2013
	APPROVED BY GOVERNOR  AUGUST 16, 2013
	PASSED THE SENATE  JULY 8, 2013
	PASSED THE ASSEMBLY  MAY 20, 2013
	AMENDED IN ASSEMBLY  MAY 1, 2013
	AMENDED IN ASSEMBLY  MARCH 18, 2013

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, 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.


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

  SECTION 1.  Section 23826.12 is added to the Business and
Professions Code, to read:
   23826.12.  (a) Notwithstanding any other provision of this
chapter, in any county of the 24th class, the department may issue no
more than a total of five additional new original on-sale general
licenses for bona fide public eating places from January 1, 2014, to
December 31, 2016, inclusive. 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.
   (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
24th class, as specified in Section 1, that apply only to a county
of the 24th class.