BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 593
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        CONCURRENCE IN SENATE AMENDMENTS
        AB 593 (Quirk)
        As Amended  August 26, 2013
        Majority vote
         
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        |ASSEMBLY:  |76-0 |(May 29, 2013)  |SENATE: |37-0 |(September 3,  |
        |           |     |                |        |     |2013)          |
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         Original Committee Reference:   G.O.  

         SUMMARY  :  Makes changes to the Alcoholic Beverage Control Act (ABC  
        Act) including:                1) exempting an applicant for on-sale  
        or off-sale licenses from existing publication requirements, as  
        specified; 2) requiring the Department of Alcoholic Beverage Control  
        (ABC) by January 1, 2016, to promulgate regulations regarding  
        responding to protests filed under specified provisions; and 3)  
        specifying requirements for submitting a protest.

         The Senate amendments  :

        1)Delete provisions of the bill requiring ABC to evaluate its onsite  
          license review process for restaurants that are bona fide eating  
          places in order to implement a more expedited licensing process. 

        2)Require that ABC define what constitutes an invalid or  
          unreasonable protest with respect to a license application.  

        3)Require ABC to promulgate regulations, by January 1, 2016, with  
          respect to such protests.

         EXISTING LAW  :

        1)Establishes ABC and grants it exclusive authority to administer  
          the provisions of the ABC 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  








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          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's 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's 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 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  








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          specified, shall be held within 60 days of an accusation being  
          filed.

         AS PASSED BY THE ASSEMBLY  , this bill made various changes to the ABC  
        Act.

         FISCAL EFFECT  :   According to the Senate Appropriations Committee,  
        one-time costs to the ABC of up to $120,000 for rule making relating  
        to unreasonable protests, potentially offset by future workload  
        reductions (Special Fund).   According to ABC, the required  
        evaluation regarding the onsite license review process for  
        restaurants is already included in its annual report to the  
        Legislature; therefore, the ABC will not incur any additional costs  
        due to that provision in the bill.

         COMMENTS  :  This bill, as amended in the Senate is consistent with  
        Assembly actions.

         Purpose of the bill  :  The author's office states that this bill will  
        give ABC more discretion to prioritize their efforts while allowing  
        applicants to participate in a process that is as efficient as  
        possible, thus, allowing ABC to define what constitutes an invalid  
        or unreasonable protest with respect to a license application.  By  
        providing clarity as to which type of protests will be considered  
        valid, this bill will reduce the workload of the ABC by giving it  
        discretion to not respond to "unreasonable" protests.  

        Additionally, this bill requires all public protests to be submitted  
        individually and limited to one signee.  The author's office  
        maintains this will assist the ABC in meeting its obligation to  
        contact protesters directly, as opposed to those where only a list  
        of names on a petition is available.  Furthermore, this bill  
        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 author's  
        office maintains that this change in the law is intended to help  
        simplify the application process for certain applicants who have  
        multiple notification requirements.

        Proponents contend that quite often starting a new business such as  
        a small specialty store or a large chain restaurant can be  
        overwhelming and challenging due to the plethora of laws,  
        inspections and licenses that are needed prior to opening.   
        Proponents claim that this measure would help mitigate the  
        cumbersome application process by lessening the regulatory burden  








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        and streamlining the ABC licensing process while maintaining public  
        input.
         
        Alcohol oversight  :  ABC is vested with the exclusive authority to  
        license and regulate the manufacture, distribution and sale of  
        alcoholic beverages within California and 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.

        Currently there are approximately 80,000 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 in order to determine if the public would be  
        adversely affected by the issuance of the license.  These  
        investigations include an evaluation of the moral character of the  
        applicant and the suitability of the proposed premises.

        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 permitted to issue a license if the respective local  
        government determines that public convenience or necessity would be  
        served by granting the license.

        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.  
         Existing 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  








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        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.   
        Protested applications generally 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  
        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.

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


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