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) 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 23375 of the Business and Professions
2Code is amended to read:
(a) A public warehouse license authorizes the storage
4of alcoholic beverages for the account of another licensee,
5including storage in a United States customs bonded warehouse,
6a United States internal revenue bonded warehouse, and a United
7States bonded wine cellar.
8(b) The department may issue to the holder of a public
9warehouse license a duplicate of the original
10 license for each additional warehouse operated by the licensee,
11which authorizes the exercise of all privileges of the original license at the additional warehouse or warehouses. The
P3 1fee for a duplicate warehouse license shall be one dollar
Section 23450 of the Business and Professions Code
6 is amended to read:
As used in this article, “veteran” means any person who
8has served in the United States Army, Navy, Air Force, Marine
9Corps, Coast Guard, or as an active nurse in the service of the
10American Red Cross, or in the Army and Navy Nurse Corps in
11time of war, or in any expedition of the Armed Forces of the United
12States, or who served in one of these services during the period
13September 16, 1940, to December 7, 1941, and received a discharge
14under conditions other than dishonorable.
Section 24041 of the Business and Professions Code
16 is amended to read:
Separate licenses shall be issued for each of the
18premises of any business establishment having more than one
19location, except as provided for in Sections 23355.1, 23388, 23389,
20and 23390, except that any manufacturer, importer, or wholesaler
21may receive, store, and deliver wine as specified in its license, at
22and from a public warehouse licensed by the department, without
23holding an additional license at the warehouse. A license at a public
24warehouse shall be required by an out-of-state business whose
25alcoholic beverages come to rest, are stored, and shipped from a
26public warehouse in California.
Section 24070 of the Business and Professions Code
28 is amended to read:
Each license is separate and distinct and is transferable
30upon approval by the department from the licensee to another
31person and from one premises to another premises.
32(a) All off-sale general licenses may be transferred from one
33county to another county, subject to the following provisions:
34(1) The number of off-sale general licenses in existence in any
35county on June 1 of any year shall not be increased by more than
3625 new original off-sale general licenses during the following
3712-month period, provided further that the number of new original
38off-sale general licenses that may be issued in any county during
39any 12-month period shall not increase by more than 10 percent
P4 1the number of off-sale general licenses in existence in that county
2on the June 1 with which that 12-month period began.
3(2) After the department computes the number of new original
4off-sale licenses that may be issued in any county during any
512-month period as provided by the foregoing paragraph, if the
6department determines that the ratio established by Section 23817
7will permit, during that 12-month period, additional off-sale general
8licenses in any county, off-sale general licenses may be transferred
9into that county in a number not to exceed by more than 10 percent
10the number of off-sale general licenses in existence in that county
11on the June 1 with which that 12-month period began, but in no
12event to exceed 25 such transfers during that 12-month period.
13(3) Under no circumstances shall the combined total number of
14new original off-sale general licenses that may be issued in any
15county during any 12-month period and the number of off-sale
16general licenses that may be transferred into such county during
17that 12-month period, exceed the limitation set forth in Section
19(b) All on-sale general licenses may be transferred from one
20county to another county, subject to the following provisions:
21(1) The number of on-sale general licenses in existence in any
22county on June 1 of any year shall not be increased by more than
2310 percent by the issuance of new original on-sale general licenses,
24but in no event to exceed 25 such licenses, during any 12-month
25period. The number of on-sale general licenses shall be limited by
26the provisions of Section 23816.
27(2) After the department computes the number of new original
28on-sale licenses that may be issued in any county during any
2912-month period as provided by the foregoing paragraph, if the
30department determines that the ratio established by Section 23816
31will permit, during that 12-month period, additional on-sale general
32licenses in any county, on-sale general licenses may be transferred
33into that county in a number not to exceed by more than 10 percent
34the number of on-sale general licenses in existence in that county
35on June 1 with which that 12-month period began, but in no event
36to exceed 25 such transfers during that 12-month period.
37(3) Under no circumstances shall the combined total number of
38new original on-sale general licenses that may be issued in any
39county during any 12-month period and the number of on-sale
40general licenses that may be transferred into that county during
P5 1that 12-month period, exceed the limitation set forth in Section
3(4) The transfer fee for transfer of an on-sale general license
4from one county to another county shall be the same as the fee
5prescribed in subdivision (d) of Section 24072 for transfer of an
6off-sale general license from one county to another county.
7(c) No retail license subject to the provisions of Section 23816
8or 23817 issued as a new original license on or after June 1, 1961,
9and no off-sale general license or on-sale general license transferred
10from one county to another county on or after August 17, 1967,
11shall be transferable from the licensee to another person, or if the
12licensee is a corporation a controlling interest in the stock
13ownership of the licensee shall not be, directly or indirectly, sold,
14transferred, or hypothecated unless the licensee be a corporation
15the stock of which is listed on a stock exchange in this state or in
16the City of New York, State of New York, or which is required
17by law to file periodic reports with the United States Securities
18and Exchange Commission, for a period of two years from date
19of issuance of the license, except as provided in Section 24071,
20and except when the department determines that the transfer is
21necessary to prevent undue hardship.
22(d) (1) An on-sale general license or off-sale general license
23that has been transferred from one county to another county shall
24not be transferred for a purchase price or consideration in excess
25of the original fee paid for that license pursuant to subdivision (b)
26of Section 23954.5 for a period of five years following the previous
27transfer of that license.
28(2) An on-sale general license or off-sale general license that
29has been transferred from one county to another county may be
30transferred with no restrictions as to the purchase price or
31consideration to the transferor or from the transferee after a period
32of five years from the date of the previous intercounty transfer of
Section 25605 of the Business and Professions Code
35 is amended to read:
No off-sale licensee shall deliver any alcoholic
37beverages pursuant to orders received for alcoholic beverages by
38telephone or other electronic means unless upon delivery the
39recipient shall be able to furnish proof of age and identity to
40indicate that he or she is 21 years of age or over.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California