BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                        SB 818|
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          Bill No:  SB 818
          Author:   Senate Governmental Organization Committee
          Amended:  As introduced
          Vote:     21

          AYES:  Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,  
            De León, Hernandez, Lieu
          NO VOTE RECORDED:  Galgiani, Padilla

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SUBJECT  :    Alcoholic beverages

           SOURCE  :     Author

           DIGEST  :    This bill makes non-controversial, clarifying and  
          code maintenance changes to the Alcoholic Beverage Control (ABC)  

           ANALYSIS  :    

          Existing law:

          1.Defines veteran for purposes of Veterans Club licenses as any  
            person who has served in the United States Army, Navy, Marine  
            Corps, Revenue Marine Service, 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  


                                                                     SB 818

            services during the period September 16, 1940 to December 7,  
            1941, and received a discharge under conditions other than  
            dishonorable.  (Business and Professions Code (BPC) Section  

          2.Requires the holder of a Type 14 public warehouse license to  
            obtain only one license for all warehouses and requires the  
            license holder to post a copy of the original license in any  
            additional warehouses operated by the license holder.  Also  
            requires the Department of ABC to charge $1 for each copy it  
            issues to a Type 14 license holder.  (BPC Section 24041)

          3.Prohibits the transfer of an off-sale general license or  
            on-sale general license from one county to another for a  
            purchase price in excess of $10,000 unless it was originally  
            issued on or after June 1, 1961, in which case the purchase  
            price shall not exceed $6,000.  Provides that after a period  
            of five years from the date of the inter-county transfer of  
            the license, these licenses may be transferred to another  
            county without restrictions on the purchase price.  (BPC  
            Section 24070)

          4.Prohibits an off-sale licensee from delivering alcoholic  
            beverages ordered by telephone unless the recipient can  
            furnish proof of age and identity to indicate that he/she is  
            21 years of age or over.  (BPC Section 25605)

          This is the annual Senate Governmental Organization Committee  
          bill that makes various non-controversial and code maintenance  
          changes to the ABC Act.  The proposed changes have been  
          requested by the Department of ABC.  Specifically, this bill:

          1.Amends BPC Section 23450, which dates back to 1935, to include  
            persons who have served in the Air Force and Coast Guard in  
            the definition of "veteran" for purposes of being eligible for  
            a Veterans Club license.  

          2.Amends BPC Section 24041 to clarify that a Type 14 public  
            warehouse licensee with multiple warehouses must obtain a  
            duplicate of its original license from the Department of ABC  
            for a $1 charge for each additional warehouse operated and  
            post it in each warehouse.  As currently written, BPC Section  
            24041 is not clear that the duplicates (or copies) must be  
            obtained from ABC.  



                                                                     SB 818

          3.Amends BPC Section 24070 to clarify that an original general  
            license cannot be transferred from one county to another for  
            more than the fee set by statute for five years from the date  
            it was last transferred between counties.  The current fee for  
            original general licenses is set in BPC Section 23954.5(b) at  

          4.Amends BPC Section 25605 to recognize forms of electronic  
            communication, in addition to the telephone, by which alcohol  
            orders may be placed.  BPC Section 25605 was enacted in 1963  
            before e-mail and other forms of electronic communication  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          MW:nl  5/7/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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