BILL NUMBER: AB 593 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Quirk
FEBRUARY 20, 2013
An act to amend Section 24300 Sections
23986, 24013, and 24014 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 amended, 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 specified
applicants for on-sale or off-sale licensees to have a notice of the
application published, as provided .
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 exempt from that requirement
applicants that are required to provide specified notices via mail
of applications for licenses, including retail licenses, and transfer
of licenses, as provided .
(3) Existing law provides that protests against the issuance of a
liquor license may be filed with the department. Existing law permits
the Department of Alcoholic Beverage Control to reject protests,
except protests made by a public agency, public official, or
governing body of a city or county, it determines to be false,
vexatious, or without reasonable or probable cause.
This bill would permit the department to reject protests, except
protests made by a public agency, public official, or governing body
of a city or county, it determines are invalid or unreasonable, as
described. The bill would also require a protest submitted by a
person other than an employee of the department or a public officer
to be submitted by an individual and limit the protest to one
signatory.
(4) This bill would also make legislative findings related to
legislation to provide guidance and direction to the Department of
Alcoholic Beverage Control and the Alcoholic Beverage Control Appeals
Board.
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. The Legislature finds and declares all
of the following:
(a) That it is the intent of the Legislature to enact legislation
that would require the Alcoholic Beverage Control Appeals Board to
issue its decisions within 120 days of a hearing.
(b) That it is the intent of the Legislature to enact legislation
that would provide the Department of Alcoholic Beverage Control with
recruitment and retention incentives.
SECTION 1. SEC. 2. 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. 3. Section 23986 of the Business
and Professions Code is amended to read:
23986. (a) Any applicant for an on-sale license shall cause a
notice of the application, giving the name or names of the applicant
and the premises where the business is to be conducted, to be
published pursuant to Section 6061 of the Government Code in a
newspaper of general circulation, other than a legal or professional
trade publication, in the city in which the premises are situated, or
if the premises are not in a city, the publication shall be made in
a newspaper of general circulation nearest the premises where the
business is to be conducted. The form of the notice shall be
prescribed by the department. Affidavit of publication shall be filed
with the department prior to the issuance of any license. The
department shall adopt rules and regulations to enforce the
provisions of this section.
(b) Any applicant for an on-sale or off-sale license at a premises
which is located in a census tract which has an undue concentration
of licenses, as defined in paragraph (2) or (3) of subdivision (a) of
Section 23958.4, shall cause a notice of the application to be
published pursuant to Section 6063 of the Government Code in a
newspaper of general circulation other than a legal or trade
publication. Publication shall be made in the city in which the
premises are situated, or if the premises are not in a city, the
publication shall be made in a newspaper of general circulation
nearest the premises where the business is to be conducted. The form
of the notice shall be prescribed by the department. Affidavit of
publication shall be filed with the department prior to the issuance
of any license. The department shall adopt rules and regulations to
enforce the provisions of this subdivision.
(c) This section shall not apply to any licensee subject to the
notification requirements of Section 23985.5 or Section 23987.
SEC. 4. Section 24013 of the Business
and Professions Code is amended to read:
24013. (a) Protests may be filed at any office of the department
within 30 days from the first date of posting the notice of intention
to engage in the sale of alcoholic beverages at the premises, within
30 days of the mailing of the notification pursuant to Section
23985.5, or within 30 days of the mailing of the notices of the
department to public officials as required by Section 23987,
whichever is later. The time within which a local law enforcement
agency may file a protest shall be extended by the period prescribed
in Section 23987, pursuant to a request made under that section.
(b) (1) The department may reject protests,
except protests made by a public agency or public official or
protests made by the governing body of a city or county, if it
determines the protests are false, vexatious, frivolous, invalid
or unreasonable, or without reasonable or probable cause at
any time before hearing thereon, notwithstanding Section 24016 or
24300. If, after investigation, the department recommends that a
license be issued notwithstanding a protest by a public agency, a
public official, or the governing body of a city or county, the
department shall notify the agency, official, or governing body in
writing of its determination and the reasons therefor, in conjunction
with the notice of hearing provided to the protestant pursuant to
Section 11509 of the Government Code. If the department rejects a
protest as provided in this section and issues a license, a
protestant whose protest has been rejected may, within 10 days after
the issuance of the license, file an accusation with the department
alleging the grounds of protest as a cause for revocation of the
license and the department shall hold a hearing as provided in
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(2) For purposes of this subdivision, an invalid or unreasonable
protest includes, but is not limited to, a protest that the
department determines is ____.
(c) Nothing in this section shall be construed as prohibiting or
restricting any right that the individual making the protest might
have to a judicial proceeding.
SEC. 5. Section 24014 of the Business
and Professions Code is amended to read:
24014. (a) A protest made by any person
other than an employee of the department or a public officer shall be
verified. Verification may be on information and belief.
(b) A protest made pursuant to this section shall be submitted by
an individual and shall be limited to one signatory.
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.