BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 593
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          Date of Hearing:   April 24, 2013

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Hall III, Isadore, Chair
                     AB 593 (Quirk) - As Amended:  April 2, 2013
           
          SUBJECT  :   Alcoholic beverages: Department of Alcoholic Beverage  
          Control.

           SUMMARY  :   Makes various changes to the Alcoholic Beverage  
          Control Act (Act).  Specifically,  this bill  :  

          1)  Requires the Department of Alcoholic Beverage Control (ABC)  
          to evaluate its onsite license review process for restaurants in  
          order to implement a more expedited licensing process.    
          Requires ABC to prepare and submit a report to the Legislature,  
          on or before December 31, 2015, relating to the review. 

          2)  The Act specifies that applicants for an on-sale or off-sale  
          license to have a notice of the application published in a  
          newspaper of general circulation, as described.   This bill  
          would exempt an applicant from this requirement if they must  
          provide notice of their application by mail to every resident  
          and owner of real property within 500-foot radius of the  
          premises for which the license is to be issued or if ABC is  
          required to notice by mail a respective public agency, public  
          official, or governing body of a city or county.

          3)  Permits ABC 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)  Makes legislative findings 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.  

          5)  Makes legislative findings that it is the intent of the  
          Legislature to enact legislation that would provide ABC with  
          recruitment and retention incentives.









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           EXISTING LAW  :

          1)  Establishes ABC and grants it exclusive authority to  
          administer the provisions of the Alcoholic Beverage Control Act  
          in accordance with the laws enacted by the Legislature.  This  
          involves licensing individuals and businesses associated with  
          the manufacture, importation and sale of alcoholic beverages in  
          this state and the collection of license fees or occupation  
          taxes for this purpose.

          2)  Provides that protests against the issuance of a liquor  
          license may be filed with ABC.  Existing law permits ABC 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.  
           

          3)  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.

          4)  Requires the ABC to notify the appropriate sheriff, chief of  
          police, district attorney, city or county planning agency, and  
          legislative body of an application for the issuance or transfer  
          of a liquor license, and prohibit the ABC from issuing or  
          transferring a license until at least 30 days after these  
          notices are provided.  Existing law authorizes the ABC to extend  
          that 30-day period for a period not to exceed 20 days if a  
          proper written request is made by any local law enforcement  
          agency.
                    
          5)  Restricts ABC from issuing an off-sale beer and wine license  
          if the applicant premise is located in a city or county where  
          the number of retail off-sale beer and wine licenses exceeds one  
          license for each 2,500 inhabitants.  If the applicant premise is  
          located in a city and county, the ratio is one license for every  
          1,250 inhabitants.  If no licenses are available due to the  
          population restrictions, anyone interested in obtaining a liquor  
          license must purchase one from an existing licensee.

          6)  Requires ABC to deny an application for a license if  
          issuance of the license would result in or add to an undue  








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          concentration of licenses in a particular area; unless the local  
          governing body finds that it would serve the public convenience  
          or necessity, as defined.

          7)  Provides ABC may revoke a license for a third violation of  
          selling to and consumption by a person under 21 years of age,  
          which occurs within any 36-month period.  This provision shall  
          not be construed to limit the department's authority and  
          discretion to revoke a license prior to a third violation when  
          the circumstances warrant that penalty.

          8)  Provides for the suspension or revocation of an alcoholic  
          beverage license, when a licensee fails to take reasonable steps  
          to correct objectionable conditions on the licensed premises or  
          on any public sidewalk abutting a licensed premises, as  
          provided, after specified notice from the district attorney,  
          city attorney, or a county counsel.  Specifies that a hearing  
          for a violation, as specified, shall be held within 60 days of  
          an accusation being filed.

           FISCAL EFFECT  :   Unknown.

          COMMENTS  :   

           Background  :

           Alcohol oversight  :  ABC is vested with the exclusive authority  
          to license and regulate the manufacture, distribution and sale  
          of alcoholic beverages within California.  ABC has the authority  
          to suspend, revoke or deny a license if it determines that  
          granting or continuance of the license would be contrary to  
          public welfare or morals.  All ABC decisions may be appealed to  
          the ABC Appeals Board, a three-member body appointed by the  
          Governor, subject to Senate confirmation.

          There are currently more than 70,000 alcoholic beverage licenses  
          throughout the state.  This includes both "on-sale" and  
          "off-sale" establishments that sell beer and wine, and "on-sale"  
          and "off-sale" general licensees that also sell distilled  
          spirits.  ABC is required to investigate both the applicant and  
          the premises for, which a license is applied, to determine if  
          the public would be adversely affected by the license issuance.   
          These investigations include an evaluation of the moral  
          character of the applicant and the suitability of the proposed  
          premises.








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          ABC must deny an application for a license if issuance would  
          create a law enforcement problem or if issuance would result in,  
          or add to, an undue concentration of licenses in the area where  
          the license is desired.  For liquor stores and other specified  
          retail licenses, however, ABC is authorized to issue a license  
          if the respective local government determines that public  
          convenience or necessity would be served by granting the  
          license.

          State law caps the number of new "on and off-sale" general  
          licenses issued by ABC, at one for every 2,500 inhabitants of  
          the county where the establishment is located (2,000:1 for  
          on-sale licenses).  If no licenses are available from the state  
          due to the population restrictions, those people interested in  
          obtaining a liquor license may purchase one from an existing  
          licensee, for "whatever price the market bears."

          Currently, there are restrictions on the issuance of licenses in  
          areas of undue concentration of retail licenses.  ABC is  
          responsible for setting conditions for the safe operation of  
          these new licenses.  Current law permits ABC to place reasonable  
          operating conditions upon retail licensees if grounds exist for  
          denial of a license.  Operating conditions may cover any matter  
          relating to the conduct of the business or the condition of the  
          premises including, but not limited to, restrictions on hours of  
          sale, hiring of security guards, limitations on types and  
          strengths of beverages sold, and conduct of the licensee.

          A protest can be made at any time within 30 days of any of the  
          following: 1) the first date of posting the premises with the  
          notice of intention to sell alcoholic beverages; 2) the first  
          date of posting the premises with the notice of application for  
          ownership change; and 3) the date of    mailing the notice of  
          application to residents within 500 feet of the proposed  
          premises.  If a valid protest is made to the issuance of a  
          license, usually a protest hearing will be held.  In 2012, ABC  
          received 2,759 protest letters.  From those letters, 414 license  
          applications were protested.  If an application is protested, a  
          protested application can take a few months or longer to  
          complete.

          If a retail license application has been protested and ABC has  
          recommended approval of the license, ABC may issue an Interim  
          Operating Permit upon the applicant's written request.  If an  








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          application is withdrawn because of a protest being filed, an  
          applicant may not re-file an application at the same premises  
          for one year, and all protests remain valid for one year against  
          any subsequent applications filed by other persons at the  
          premises.

           State v. local control of alcohol policy  :  Over the years, local  
          governments have often petitioned the Legislature for greater  
          authority to directly regulate establishments that sell alcohol  
          (e.g., restricting the hours of operation of problem premises,  
          or limiting the sale of certain products such as fortified wines  
          or high alcohol content malt beverages).  Much of this activity  
          has been centered on local government's use of zoning laws and  
          conditional use permits that place operating conditions on new  
          businesses that sell alcohol.  While current law prohibits ABC  
          from issuing a new license in an area not locally zoned for that  
          type of business activity, those establishments in existence  
          prior to any local zoning action are "grandfathered" and  
          therefore beyond the reach of the local government, a source of  
          contention for local governments.

          Historically, the alcohol industry and retailers have opposed  
          ceding to local government any measure of the state's exclusive  
          authority to regulate alcohol.  The industry has advocated that  
          matters relating to the regulation of alcohol should be  
          determined at the state level, as opposed        to an  
          assortment of local regulations, which may vary from local  
          jurisdiction to local jurisdiction.

           Purpose of AB 593  :  According to the author's office, when  
          businesses seek to revitalize our economy by opening new  
          locations in our communities, they can become overwhelmed by the  
          volume of our regulation process.  Among the more significant  
          delays (most notably in the case of California's prominent  
          restaurant industry) is the ABC license review process.  A new  
          business must hire employees, secure financing, and meet  
          building code ordinances to name just a few.  It is in  
          California's interest to ensure that our ABC license review  
          process is at its maximum level of efficiency - giving  
          expeditious decisions while retaining the needed oversight and  
          public input.

          The author's office states that the goal of this bill is to give  
          ABC more discretion to prioritize their efforts while allowing  
          applicants to participate in a process that is as efficient as  








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          possible.

          The bill will require all public protests to be submitted  
          individually and limited to one signee.  The author maintains  
          that this will assist the ABC in meeting their obligation to  
          contact protesters directly as opposed to those cases where only  
          a list of names on a petition is available.

          In addition, the measure eliminates a requirement for applicants  
          to publish notification in regional print media in those cases  
          where individual notifications are already being mailed directly  
          to area residents.

          The bill defines what constitutes an "invalid or unreasonable"  
          protest to an ABC license application.  The author believes that  
          the list shall include common examples to be determined by the  
          ABC.  Providing clarity to which type of protests will be  
          considered valid seeks to reduce the workload of the ABC in  
          having to respond to numerous unreasonable protests.

          The measure establishes that it is the intent of the Legislature  
          to require the ABC Appeals Board to issue a decision not in  
          excess of 120 days.  The author states, that all other stages of  
          a license review provides a clear deadline except the Appeals  
          Board decision and this seeks to provide further assurance on  
          timing.

          Lastly, the bill states that it is the intent of the Legislature  
          to provide the ABC with recruitment and retention incentives.   
          The author states, that regular turnover of ABC staff may  
          contribute to a delay in application reviews and this bill seeks  
          to help maintain an experienced workforce.
           
          Prior legislation  : SB 825 (Committee on Governmental  
          Organization), Chapter 68, Statutes of 2009.  Made clarifying  
          and conforming changes to an existing provision of law  
          pertaining to notification requirements and the submission of  
          protests to ABC regarding an application for an alcohol license.

          SB 415 (Oropeza), 2009-2010 Session, Vetoed by Governor.  This  
          bill would have expanded the eligibility list of local  
          government officials who may request an extension of time to  
          review the issuance of transfer of an alcoholic beverage license  
          and lengthens the existing extension period from 20 to 30 days.









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          AB 2893 ( Hancock), Chapter 253, Statutes of 2008.  The bill  
          granted ABC the authority to impose restrictions on retail  
          license transfers in instances where the license transferor has  
          been cited for multiple violations of the Alcoholic Beverage  
          Control Act during his/her ownership of the license.

          SB 148 (Scott) Chapter 625, Statutes of 2006.  Among other  
          things, provided additional bases for the suspension or  
          revocation of an ABC license, when a licensee fails to take  
          reasonable steps to correct objectionable conditions on the  
          licensed premises or on any public sidewalk abutting a licensed  
          premises, as provided, after specified notice from the district  
          attorney, the city attorney, or a county counsel.  

          AB 2296 (Leno), Chapter 345, Statutes of 2004.  Permits ABC to  
          reject protests it determines to be frivolous. Provide for a  
          hearing upon the request of any of these protesting parties who  
          have filed a timely verified protest in a timely fashion  
          pursuant to existing law.  In addition, provides that a protest  
          is deemed withdrawn if the person requesting the hearing fails  
          to appear at that hearing.

          AB 624 (Oropeza) Chapter 931, Statutes of 2001.  Among other  
          things, permitted ABC to take into account neighboring crime  
          statistics in the area of the site of the establishment when  
          transferring a license.  Also, extended the time period local  
          entities have to respond to the        notice of a new or  
          transferred license and required the notification of local  
          property owners adjacent to the site.

          AB 1092 (Lowenthal), Chapter 499, Statutes of 1999, authorizes  
          ABC to place reasonable restrictions upon retail licenses or any  
          licensee in the exercise of retail privileges if ABC adopts  
          conditions requested by a local governing body.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Restaurant Association
          National Federation of Independent Business

           Opposition 
           
          California Council on Alcohol Problems








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          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531