AB 1670, as amended, Dodd. Alcoholic beverages: licenses.
Existing law, the Alcoholic Beverage Control Act, regulates the application, issuance, and suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. The act provides that a violation of its provisions is a misdemeanor, unless otherwise specified.
The act provides for a limitation on the number of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. However, existing law provides an exception to this limitation for the County of Napa and authorizes the department to issue 5 additional new original on-sale general licenses per year for bona fide public eating places with a seating capacity for 50 or more diners, for a period of 3 years. Existing law prohibits more than 15 of these licenses from being issued pursuant to this exception.
This bill would authorize the department to issuebegin insert no more thanend insert 5 additional new original on-sale general licensesbegin delete per year to aend deletebegin insert toend insert bona fide public eatingbegin delete placeend deletebegin insert placesend insert with a seating capacity of 25 or more diners, for a period ofbegin delete 3 years. The bill would prohibit more than 15 of those licenses from being issued.end deletebegin insert
1 year.end insert
Existing law authorizes the Department of Alcoholic Beverage Control to issue a special on-sale general license to any nonprofit theater company, subject to specified requirements.
This bill would authorize the department to issue a special on-sale general license to the operator of any for-profit theater located in the County of Napa, configured with theatrical seating and primarily devoted to live theatrical performances, which would permit sales, service, and consumption of alcoholic beverages in the lobbies and seating areas of the theater at specified times. The bill would not require the licensee to operate as a bona fide public eating place. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa.
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 23826.10 of the Business and Professions
2Code is amended to read:
(a) (1) Notwithstanding any other provision of this
4chapter, in any county of the 29th class, commencing January 1,
52009, the department may issue five additional new original on-sale
6general licenses for bona fide public eating places per year, for a
7period of three years. Any premises to qualify for a license under
8this paragraph shall have a seating capacity for 50 or more diners.
9In no event shall more than 15 on-sale general licenses for bona
10fide eating places be issued under this paragraph.
11(2) Notwithstanding any other provision of this chapter, in any
12county of the 29th class,begin delete commencing January 1, 2017,end delete
the
13department, in addition to those licenses issued pursuant to
14paragraph (1), may issuebegin insert no more than a total ofend insert five additional
15new original on-sale general licenses for bona fide public eating
P3 1placesbegin delete per year, for a period of three years.end deletebegin insert from January 1, 2017,
2to December 31, 2017, inclusive.end insert Any premises to qualify for a
3license under this paragraph shall have a seating capacity for 25
4or more diners.begin delete In no event shall more than
15 on-sale general
5licenses for bona fide eating places be issued under this paragraph.end delete
6(b) In issuing the licenses provided for in this section, the
7department shall follow the procedure set forth in Section 23961.
8(c) Nothing in this chapter shall prohibit a person who currently
9holds a valid on-sale general license for seasonal business from
10applying for an original on-sale general license pursuant to this
11section.
12(d) A license issued under this section shall not be transferred
13from one county to another nor shall it be transferred to any
14premises not qualifying under this section.
Section 24045.77 is added to the Business and
16Professions Code, to read:
(a) (1) The department may issue a special on-sale
18general license to the operator of any for-profit theater located
19within the County of Napa, configured with theatrical seating of
20at least 800 seats and primarily devoted to live theatrical
21performances.
22(2) A special on-sale general license described by this section
23shall not be issued until any existing licenses issued by the
24department to the operator for the premises of the for-profit theater
25are canceled.
26(b) The special on-sale general license shall permit sales, service,
27and consumption of alcoholic beverages in the lobbies
and seating
28areas of the for-profit theater for the period beginning two
29
consecutive hours prior to a live theatrical performance and ending
30three hours after the live theatrical performance is completed,
31subject to Section 25631. Any special on-sale general license issued
32pursuant to this section shall not be subject to the limitations
33provided by Section 23816 and shall not be required to be operated
34as a bona fide public eating place. The for-profit theater further
35shall not be subject to the provisions of Section 23793.
36(c) For the purposes of this section, “for-profit theater” shall
37not include an adult or sexually oriented business, as defined in
38Section 318.5 of the Penal Code.
The Legislature finds and declares that a special law
40is necessary and that a general law cannot be made applicable
P4 1within the meaning of Section 16 of Article IV of the California
2Constitution because of the unique circumstances of the economy
3of the County of Napa and the cultural importance of for-profit
4theaters within the County of Napa.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.
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