BILL ANALYSIS Ó
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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.
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SB 818
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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)
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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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
MW:nl 9/6/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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