BILL NUMBER: SB 818 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 26, 2013
INTRODUCED BY Committee on Governmental Organization (Senators
Wright (Chair), Berryhill, Calderon, Cannella, Correa, De León,
Galgiani, Hernandez, Lieu, Nielsen, and Padilla)
MARCH 14, 2013
An act to amend Sections 23375, 23450, 24041, 24070,
and 25605 of the Business and Professions Code, relating to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 818, as amended, Committee on Governmental Organization.
Alcoholic beverages.
(1) The Alcoholic Beverage Control Act provides for the issuance
of licenses for which various annual fees are charged depending upon
the type of license issued. The act authorizes the issuance of a
veterans' club license authorizing the sale of alcoholic beverages,
as provided.
This bill would revise the definition of a "veteran" for the
purposes of the veterans' club license.
(2) Existing law requires a public warehouse licensee that
operates more than one public warehouse in the state to post a copy
of the original public warehouse license in each warehouse
establishment.
This bill would instead require a duplicate public warehouse
license issued by the department to be posted in those public
warehouse establishments.
(2) A public warehouse license authorizes the storage of alcoholic
beverages for another licensee, including storage in specified
warehouses.
This bill would allow the department to issue the holder of a
public warehouse license a duplicate of that license for each
additional warehouse operated by the licensee, which authorizes the
exercise of all the privileges of the original licensee at the
additional warehouse or warehouses.
(3) The Alcoholic Beverage Control Act limits the amount of the
consideration that may accompany the intercounty transfer of on-sale
and off-sale licenses to not more than $10,000 or $6,000, depending
on the date of issue for the license, and lifts those limitations if
the transfer occurs after 5 years, as specified.
This bill would revise the limitation on the amount of
consideration that may accompany an intercounty transfer to no more
than the fee for the original on-sale or off-sale license.
(4) The Alcoholic Beverage Control Act prohibits an off-sale
licensee from delivering alcoholic beverages from an order received
over the telephone without requiring proof of age and identity when
the beverages are delivered.
This bill would make this prohibition applicable to orders
received via other electronic means.
(5) The Alcoholic Beverage Control Act provides that a violation
of any of its provisions for which another penalty or punishment is
not specifically provided is a misdemeanor. This bill would expand
existing crimes by imposing additional duties on a licensee under the
act, thus the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23375 of the
Business and Professions Code is amended to read:
23375. (a) A public warehouse license
authorizes the storage of alcoholic beverages for the account of
another licensee, including storage in a United States customs bonded
warehouse, a United States internal revenue bonded warehouse, and a
United States bonded wine cellar.
(b) The department may issue to the holder of a public warehouse
license a duplicate of the original license for each additional
warehouse operated by the licensee, which authorizes the exercise of
all privileges of the original license at the additional warehouse or
warehouses. The fee for a duplicate warehouse license shall be one
dollar ($1).
SECTION 1. SEC. 2. Section 23450 of
the Business and Professions Code is amended to read:
23450. As used in this article, "veteran" means any person who
has served in the United States Army, Navy, Air Force, Marine Corps,
Coast Guard, or as an active nurse in the service of the American Red
Cross, or in the Army and Navy Nurse Corps in time of war, or in any
expedition of the Armed Forces of the United States, or who served
in one of such these services during
the period September 16, 1940, to December 7, 1941, and received a
discharge under conditions other than dishonorable.
SEC. 2. SEC. 3. Section 24041 of the
Business and Professions Code is amended to read:
24041. Separate licenses shall be issued for each of the premises
of any business establishment having more than one location, except
as provided for in Sections 23355.1, 23388, 23389, and 23390, except
that any manufacturer, importer, or wholesaler may receive, store,
and deliver wine as specified in its license, at and from a public
warehouse licensed by the department, without holding an additional
license at the warehouse. A license at a public warehouse shall be
required by an out-of-state business whose alcoholic beverages come
to rest, are stored, and shipped from a public warehouse in
California. The holder of a public warehouse license
maintaining or operating more than one public warehouse in this state
shall be required to obtain but one license for all of his or her
public warehouse establishments. A duplicate public warehouse license
issued by the department issued to a public warehouse licensee
maintaining or operating more than one public warehouse in this state
shall be posted in each of his or her public warehouse
establishments. A charge of one dollar ($1) shall be made by the
department for each duplicate of a public warehouse license issued to
a public warehouseman.
SEC. 3. SEC. 4. Section 24070 of the
Business and Professions Code is amended to read:
24070. Each license is separate and distinct and is transferable
upon approval by the department from the licensee to another person
and from one premises to another premises.
(a) All off-sale general licenses may be transferred from one
county to another county, subject to the following provisions:
(1) The number of off-sale general licenses in existence in any
county on June 1 of any year shall not be increased by more than 25
new original off-sale general licenses during the following 12-month
period, provided further that the number of new original off-sale
general licenses that may be issued in any county during any 12-month
period shall not increase by more than 10 percent the number of
off-sale general licenses in existence in such
that county on the June 1 with which that 12-month period
began.
(2) After the department computes the number of new original
off-sale licenses that may be issued in any county during any
12-month period as provided by the foregoing paragraph, if the
department determines that the ratio established by Section 23817
will permit, during such that 12-month
period, additional off-sale general licenses in any county, off-sale
general licenses may be transferred into such
that county in a number not to exceed by more than 10 percent
the number of off-sale general licenses in existence in such
that county on the June 1 with which that
12-month period began, but in no event to exceed 25 such transfers
during that 12-month period.
(3) Under no circumstances shall the combined total number of new
original off-sale general licenses that may be issued in any county
during any 12-month period and the number of off-sale general
licenses that may be transferred into such county during that
12-month period, exceed the limitation set forth in Section 23817.
(b) All on-sale general licenses may be transferred from one
county to another county, subject to the following provisions:
(1) The number of on-sale general licenses in existence in any
county on June 1 of any year shall not be increased by more than 10
percent by the issuance of new original on-sale general licenses, but
in no event to exceed 25 such licenses, during any 12-month period.
The number of on-sale general licenses shall be limited by the
provisions of Section 23816.
(2) After the department computes the number of new original
on-sale licenses that may be issued in any county during any 12-month
period as provided by the foregoing paragraph, if the department
determines that the ratio established by Section 23816 will permit,
during such that 12-month period,
additional on-sale general licenses in any county, on-sale general
licenses may be transferred into such that
county in a number not to exceed by more than 10 percent the
number of on-sale general licenses in existence in such
that county on the June
1 with which that 12-month period began, but in no event to
exceed 25 such transfers during that 12-month period.
(3) Under no circumstances shall the combined total number of new
original on-sale general licenses that may be issued in any county
during any 12-month period and the number of on-sale general licenses
that may be transferred into such that
county during that 12-month period, exceed the limitation set forth
in Section 23816.
(4) The transfer fee for transfer of an on-sale general license
from one county to another county shall be the same as the fee
prescribed in subdivision (d) of Section 24072 for transfer of an
off-sale general license from one county to another county.
(c) No retail license subject to the provisions of Section 23816
or 23817 issued as a new original license on or after June 1, 1961,
and no off-sale general license or on-sale general license
transferred from one county to another county on or after August 17,
1967, shall be transferable from the licensee to another person, or
if the licensee is a corporation a controlling interest in the stock
ownership of the licensee shall not be, directly or indirectly, sold,
transferred, or hypothecated unless the licensee be a corporation
the stock of which is listed on a stock exchange in this state or in
the City of New York, State of New York, or which is required by law
to file periodic reports with the Security
United States Securities and Exchange Commission, for a period
of two years from date of issuance of the license, except as provided
in Section 24071, and except when the department determines that the
transfer is necessary to prevent undue hardship.
(d) (1) An on-sale general license or off-sale general license
that has been transferred from one county to another county shall not
be transferred for a purchase price or consideration in excess of
the original fee paid for that license pursuant to subdivision (b) of
Section 23954.4 23954.5 for a period
of five years following the previous transfer of that license.
(2) An on-sale general license or off-sale general license that
has been transferred from one county to another county may be
transferred with no restrictions as to the purchase price or
consideration to the transferor or from the transferee after a period
of five years from the date of the previous intercounty transfer of
the license.
SEC. 4. SEC. 5. Section 25605 of the
Business and Professions Code is amended to read:
25605. No off-sale licensee shall deliver any alcoholic beverages
pursuant to orders received for such alcoholic
beverage beverages by telephone or
other electronic means unless upon delivery the recipient shall be
able to furnish proof of age and identity to indicate that he or she
is 21 years of age or over.
SEC. 5. SEC. 6. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.