AB 593, as introduced, Quirk. Alcoholic beverages: Department of Alcoholic Beverage Control.
(1) The Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control and requires the department to perform various duties relating to the issuance of alcoholic beverage licences.
This bill would require the department to evaluate its onsite license review process for restaurants in order to implement a more expedited licensing process. This bill would also require the department to prepare and submit a report to the Legislature, on or before December 31, 2015, relating to the review.
(2) The Alcoholic Beverage Control Act requires any hearings held on a protest, accusation, or petition for a license to be held at specified locations and to be conducted in accordance with specified administrative procedures.
This bill would additionally require that any hearing held on a protest be held within 60 days of the date from which the initial protest was filed.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 23059 is added to the Business and
2Professions Code, to read:
(a) The department shall evaluate its onsite license
4review process for restaurants that are bona fide eating places in
5order to implement a more expedited licensing process.
6(b) (1) On or before December 31, 2015, the department shall
7prepare and submit to the Legislature a report on the findings
8regarding the onsite review process described in subdivision (a).
9(c) The report required by subdivision (b) shall be submitted in
10compliance with Section 9795 of the Government Code.
11(d) This section shall remain in effect only until January 1, 2016,
12and as of that date is
repealed.
Section 24300 of the Business and Professions Code
14 is amended to read:
(a) Any hearings held on a protest, accusation, or
16petition for a license shall be held in the county in which the
17premises or licensee is located; provided, that hearings before the
18department itself on reconsideration or under subdivision (c) of
19Section 11517 of the Government Code may be held at any place
20in the state where the department is meeting. Except as provided
21in Section 24203 and in this section, the proceedings shall be
22conducted in accordance with Chapter 5 (commencing with Section
2311500) of Part 1 of Division 3 of Title 2 of the Government Code,
24and in all cases the department shall have all the powers granted
25therein. The department, in its exclusive discretion, shall consider
26scheduling the hearing at a time, including evening hours, and at
27a place convenient to all parties to a proceeding, including those
28
witnesses required to be present, and the public affected.
29(b) Notwithstanding the provisions of subdivision (a), if a protest
30is filed against an application for a license and the proposed
31premises are located within a city, the department may, in its
32discretion, hold the hearing within that city, unless the protest is
33filed by the governing body of the city, in which case the
34department shall hold the hearing within that city.
35(c) For any hearing held pursuant to this division, the department
36may delegate the power to hear and decide to an administrative
37law judge appointed by the director. Any hearing before an
38administrative law judge shall be pursuant to the procedures, rules,
P3 1and limitations prescribed in Chapter 5 (commencing with Section
211500) of Part 1 of Division 3 of Title 2 of the Government Code.
3(d) Any hearing held on a protest shall be scheduled within 60
4days from the date of an initial protest filing.
O
99