BILL NUMBER: AB 593	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 20, 2013

   An act to amend Section 24300 of, and to add and repeal Section
23059 of, the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 23059 is added to the Business and Professions
Code, to read:
   23059.  (a) The department shall evaluate its onsite license
review process for restaurants that are bona fide eating places in
order to implement a more expedited licensing process.
   (b) (1) On or before December 31, 2015, the department shall
prepare and submit to the Legislature a report on the findings
regarding the onsite review process described in subdivision (a).
   (c) The report required by subdivision (b) shall be submitted in
compliance with Section 9795 of the Government Code.
   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed.
  SEC. 2.  Section 24300 of the Business and Professions Code is
amended to read:
   24300.  (a) Any hearings held on a protest, accusation, or
petition for a license shall be held in the county in which the
premises or licensee is located; provided, that hearings before the
department itself on reconsideration or under subdivision (c) of
Section 11517 of the Government Code may be held at any place in the
state where the department is meeting. Except as provided in Section
24203 and in this section, the proceedings shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and in all cases the
department shall have all the powers granted therein. The
department, in its exclusive discretion, shall consider scheduling
the hearing at a time, including evening hours, and at a place
convenient to all parties to a proceeding, including those witnesses
required to be present, and the public affected.
   (b) Notwithstanding the provisions of subdivision (a), if a
protest is filed against an application for a license and the
proposed premises are located within a city, the department may, in
its discretion, hold the hearing within that city, unless the protest
is filed by the governing body of the city, in which case the
department shall hold the hearing within that city.
   (c) For any hearing held pursuant to this division, the department
may delegate the power to hear and decide to an administrative law
judge appointed by the director. Any hearing before an administrative
law judge shall be pursuant to the procedures, rules, and
limitations prescribed in Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code. 
   (d) Any hearing held on a protest shall be scheduled within 60
days from the date of an initial protest filing.