BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 818| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 818 Author: Senate Governmental Organization Committee Amended: 9/4/13 Vote: 21 SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 9-0, 4/23/13 AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa, De León, Hernandez, Lieu NO VOTE RECORDED: Galgiani, Padilla SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 34-0, 5/9/13 (Consent) AYES: Anderson, Beall, Block, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Roth, Steinberg, Walters, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Berryhill, Lara, Pavley, Price, Vacancy, Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Alcoholic beverages SOURCE : Author DIGEST : This bill makes non-controversial, clarifying and code maintenance changes to the Alcoholic Beverage Control (ABC) Act. CONTINUED SB 818 Page 2 Assembly Amendments add a provision allowing ABC to issue and charge a $1 fee to the holder of a public warehouse license for a duplicate of that license for each additional warehouse operated by the licensee; clarify that warehouse licenses, as specified, are "public warehouse licenses;" and state that "duplicate public warehouse license" only applies to instances where ABC has issued a duplicate public warehouse license. ANALYSIS : Existing law: 1.Provides that a public warehouse license authorizes the storage of alcoholic beverages for another licensee, including storage in specified warehouses. (Business and Professions Code (BPC) Section 2375) 2.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 these services during the period September 16, 1940 to December 7, 1941, and received a discharge under conditions other than dishonorable. (BPC Section 23450) 3.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) 4.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) CONTINUED SB 818 Page 3 5.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 23375 to allow ABC to issue to the holder of a public warehouse license a duplicate of that license for each additional warehouse operated by that licensee, which authorizes the exercise of all privileges of the original licensee at the additional warehouse(s). Specifies that the fee for a duplicate warehouse license is $1. States that the term "duplicate warehouse license" applies only to instances where ABC has issued a duplicate warehouse license. 2.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. 3.Amends BPC Section 24041 by deleting a requirement 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. 4.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 $13,800. 5.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 existed. CONTINUED SB 818 Page 4 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes MW:nl 9/6/13 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED