Amended in Senate August 26, 2013

Amended in Assembly May 24, 2013

Amended in Assembly May 6, 2013

Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 593

Introduced by Assembly Member Quirk

February 20, 2013

An act to amend Sections 23986, 24013, and 24014 of begin delete , and to add and repeal Section 23059 of, end delete 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.

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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.

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(2) The

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begin insert The end insert Alcoholic Beverage Control Act requires specified applicants for on-sale or off-sale licensees to have a notice of the application published, as provided.

This bill would 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.

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(3)

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begin insert (2) end insert  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 begin delete 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 end delete begin insert require the department, by January 1, 2016, to promulgate regulations regarding responding to protests filed under these provisions end insert . 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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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) 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.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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.

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begin insert SEC. 2. end insert   

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.

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(2) For purposes of this subdivision, invalid or unreasonable
protests include, but are not limited to, examples determined, and
made available to the public, by the department in a manner the
department deems appropriate for the protest process.

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(2) The department shall promulgate regulations by January
1, 2016, to implement this provision.

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(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.

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begin insert SEC. 3. end insert   

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.