BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 525
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                      AB 525 (Ting) - As Amended:  May 1, 2013 

          Policy Committee:                              Governmental  
          Organization Vote:                            17 - 0 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill permits the Department of Alcoholic Beverage Control  
          (ABC) to issue a new 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 of  
          at least 1,000 seats 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. This bill specifically prohibits the  
          issuing of these new licenses to adult or sexually oriented  
          businesses, as defined in the Penal Code.

           FISCAL EFFECT  

          Potential minor non-reimbursable local costs for investigation  
          and prosecution of violations, potentially offset by fine  
          revenue.

           COMMENTS  

           1)Purpose  . According to the author's office, the purpose of this  
            bill is to create a new general alcoholic beverage license  
            category that can accommodate the business goals of an  
            operator of for-profit theaters located in the City and County  
            of San Francisco.

            The sponsor of the bill, Shorenstein, Hays, Nederlander  
            Company (SHN) states, the bill fixes a quirk in current law  
            that prevents their patrons from easily approaching service  
            bars to purchase alcoholic and non-alcoholic beverages and  
            carrying those drinks elsewhere in the lobby or to their  








                                                                  AB 525
                                                                  Page  2

            seats.  They note that this is problematic in their  
            historically renovated theaters that have limited lobby space.

            SHN owns and operates the Curran, Golden Gate, and Orpheum  
            Theatres in San Francisco.  The three theaters are run as  
            for-profit theaters and currently hold Type 48 ABC licenses  
            (On-Sale General for Public Premises), which are licenses  
            meant for over-21-only bars.  Under the license, SHN is able  
            to serve beer, wine, and distilled spirits to their attendees.  
             However, under current license type, patrons must consume  
            their drinks in a segregated, partitioned-off space.

            The author's states that this bill solves the problem by  
            allowing the issuance of a special on-sale general license  
            that would permit sales, service, and consumption of alcoholic  
            beverages in the lobbies and seating areas of the theater at  
            specified times. The author further states, AB 525 is a  
            narrowly crafted bill that will only apply to three historic  
            theatres in San Francisco.

           2)Background  . Existing law establishes various alcoholic  
            beverage license categories and a schedule of annual fees  
            charged to the licensees.  Under the Alcoholic Beverage  
            Control Act, ABC may issue a special on-sale general license  
            to any nonprofit theater company that meets specified  
            requirements.  Theater companies holding a license pursuant to  
            these provisions may only sell and serve alcoholic beverages  
            to ticketholders during, and two hours prior to and one hour  
            after, a bona fide theater performance of the company.  There  
            are 70 Type 64 licenses in California for non-profit theater  
            companies who meet the specified requirements. This bill would  
            extend that privilege to three for-profit theaters in San  
            Francisco. 


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081