BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                 UNFINISHED BUSINESS

          Bill No:  SB 818
          Author:   Senate Governmental Organization Committee
          Amended:  9/4/13
          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

           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,  

           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)  


                                                                     SB 818

          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)



                                                                     SB 818

          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  

          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  



                                                                     SB 818

           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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