BILL ANALYSIS Ó
AB 1425
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Date of Hearing: April 24, 2013
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Hall III, Isadore, Chair
AB 1425 (Committee on Governmental Organization) - As
Introduced: March 21, 2013
SUBJECT : Alcoholic beverages.
SUMMARY : Makes a minor clarifying change, as well as code
maintenance changes, to existing provisions of the Alcoholic
Beverage Control Act (Act). Specifically, this bill :
1) Existing law requires the Department of Alcoholic Beverage
Control (ABC) to make an annual report to the Legislature on the
department's activities, on or before March 1 of each year. This
bill would also require ABC to post the report on its Internet
Web site.
2) Removes obsolete references from the Act.
EXISTING LAW :
1) Establishes ABC and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with 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 for this purpose.
2) Provides that on or before March 1 of each year, the
director shall prepare and submit to the Legislature an annual
report on the department's activities. The report shall include,
but not be limited to, the following information for the
previous fiscal year:
(a) The amount of funds allocated and spent by ABC for
licensing, enforcement, and administration.
(b) The number of licenses issued, renewed, denied,
suspended, and revoked, by license category.
(c) The average time for processing license applications,
by license category.
AB 1425
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(d) The number and type of enforcement activities conducted
by the department and by local law enforcement agencies in
conjunction with ABC.
(e) The number, type, and amount of penalties, fines, and
other disciplinary actions taken by ABC.
3) Provides a licensed wine blender shall not be issued and
shall not own or hold, directly or indirectly, any retailer's
license, nor shall the holder of a retailer's license be issued
or own or hold, directly or indirectly, a wine blender's
license, or own or hold any interest in a wine blender's
license, as described.
4) A wine blender's license does not authorize winetasting
activities or the conducting or sponsoring of wine tastings
either on or off the wine blender's licensed premises, as
specified.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : The annual Assembly Governmental
Organization Committee bill which makes technical, clarifying,
conforming, and non-controversial changes to the Act. The
language contained in this proposal was put forth by the ABC.
Specifically, the language: 1) Would require ABC to post its
annual report to the Legislature on its Internet Web site; and
2) Would remove obsolete references in the Act pertaining to a
wine blender's license. None of the existing Type 22 wine
blender licenses were issued or transferred prior to 1968, which
makes this specific provision obsolete.
Prior legislation : AB 749 (Hall), Chapter 221, Statutes of
2011. Changed reporting requirements for the ABC relating to
its annual report to the Legislature to previous "fiscal year",
instead of "calendar year."
SB 1480 (Committee on Governmental Organization), Chapter 296,
Statutes of 2010. Among other things, deleted the requirement
that the Director of ABC include recommendations for legislation
in the annual ABC report to the Legislature.
AB 2413 (Committee on Governmental Organization) Chapter 579 of
AB 1425
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Statutes of 2002. Required ABC to include within its annual
report to the Legislature, the number and type of enforcement
activities conducted by local law enforcement agencies in
conjunction with the ABC.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531