Amended in Senate June 17, 2013

Amended in Assembly May 1, 2013

Amended in Assembly April 4, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 525


Introduced by Assembly Member Ting

(Coauthor: Assembly Member Ammiano)

(Coauthor: Senator Leno)

February 20, 2013


An act to amend Section 23039 of, and to add Section 24045.75 to, the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 525, as amended, Ting. Alcoholic beverages: licenses: theaters.

Existing law, the Alcoholic Beverage Control Act, authorizes the Department of Alcoholic Beverage Control to issue a special on-sale general license to any nonprofit theater company, subject to specified requirements. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.

This bill would permit the department to issue a special on-sale general license to the operator of any for-profit theater located in the City and County of San Francisco, configured with theatrical seating and primarily devoted to live theatrical performances, which would permit sales, service, and consumption of alcoholic beverages in the lobbies and seating areas of the theater at specified times. The bill would subject this license to limitations regarding the number of licenses that may be issued in a county and would not require the licensee to operate as a bona fide public eating place. The bill would except a theater to be licensed under its provisions from other prohibitions on public premises licenses, as specified. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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

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:

P2    1

SECTION 1.  

Section 23039 of the Business and Professions
2Code
is amended to read:

3

23039.  

(a) “Public premises” means:

4(1) Premises licensed with any type of license other than an
5on-sale beer license, and maintained and operated for the selling
6or serving of alcoholic beverages to the public for consumption
7on the premises, and in which food shall not be sold or served to
8the public as in a bona fide public eating place, but upon which
9premises food products may be sold or served incidentally to the
10sale or service of alcoholic beverages, in accordance with rules
11prescribed by the department.

12(2) Premises licensed with an on-sale beer license, in which
13food shall not be sold or served to the public as in a bona fide
14public eating place, and in which sandwiches, salads, desserts, and
15similar short orders shall not be sold and served, in accordance
16with rules prescribed by the department.

17(b) “Public premises” does not include railroad dining or club
18cars, passenger ships, airplanes, or bona fide clubs after the clubs
19have been lawfully operated for not less than one year; nor does
20it include historic units of the state park system, premises being
21operated under a temporary on-sale beer license other than
22permitted pursuant to Section 24045.5, or on-sale beer licensed
23stadia, auditoria, fairgrounds, or racetracks; nor does it include
24nonprofit theater companies licensed pursuant to Section 24045.7;
P3    1nor does it include theaters licensed pursuant to Section 24045.75;
2nor does it include winegrowers’ premises.

3

SEC. 2.  

Section 24045.75 is added to the Business and
4Professions Code
, to read:

5

24045.75.  

(a) (1) The department may issue a special on-sale
6general license to the operator of any for-profit theater located
7within the City and County of San Francisco, configured with
8theatrical seating of at least 1,000 seats and primarily devoted to
9live theatrical performances.

10(2) A special on-sale general license described by this section
11shall not be issued until any existing licenses issued by the
12department to the operator for the premises of the for-profit theater
13are canceled.

14(b) The special on-sale general license shall permit sales, service,
15and consumption of alcoholic beverages in the lobbies and seating
16areas of the theater forbegin insert the period beginningend insert two consecutive hours
17prior to a live theatrical performance andbegin insert endingend insert one hour after
18the live theatrical performance is completed, subject to Section
1925631. Any special on-sale general license issued pursuant to this
20section shall be subject to the limitations provided by Section
2123816, but shall not be required to be operated as a bona fide public
22eating place. The theater further shall not be subject to the
23provisions of Section 23793.

24(c) For purposes of this section, “for-profit theater” shall not
25include an adult or sexually oriented business, as defined in Section
26318.5 of the Penal Code.

27

SEC. 3.  

The Legislature finds and declares that a special law
28is necessary and that a general law cannot be made applicable
29within the meaning of Section 16 of Article IV of the California
30Constitution because of the unique circumstances and cultural
31importance of for-profit theaters within the City and County of
32San Francisco.

33

SEC. 4.  

No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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