Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2082

Introduced by Assembly Member Campos

February 17, 2016

An act begin insert to add Section 23963 to the Business and Professions Code, end insert relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2082, as amended, Campos. Alcoholic beverages: begin delete licenses. end delete begin insert licenses: probationary period. end insert

Existing law, the Alcoholic Beverage Control Act, which is administrated by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses.

This bill would begin delete state the intent of the Legislature to subsequently amend this bill to include provisions that would establishes a six-month probationary period for specified licenses issued under the Alcoholic Beverage Control Act. end delete begin insert authorize the department to place a license on a 6-month probationary period when that license is transferred or sold to an entity or individual and currently under review by the department or is transferred or sold to an entity or individual that has been convicted of, or been subject to disciplinary action for, a violation of the Alcoholic Beverage Control Act. The bill would provide that proceedings to revoke a license during a probationary hearing shall be expedited and authorizes the department to consult with other state agencies regarding these provisions. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 23963 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 23963. end insert   

(a) The department may place a license issued pursuant
to this division on a six-month probation under the following
circumstances:

(1) The license is transferred or sold to an entity or individual
and is currently under review by the department for a violation of
this division.

(2) The license is transferred or sold to an entity or individual
that has been either been convicted of a violation of this division
or been subject to disciplinary action by the department because
of a violation of this division.

(b) Violation of a condition of probation or of a provision of
this division constitutes cause for revocation of the license.
Proceedings to revoke a license during the six-month probationary
period shall be expedited.

(c) The department may adopt regulations establishing a
monitoring program to ensure compliance with any terms or
conditions of probation imposed by the department pursuant to
subdivision (a). The department may consult with other state
agencies that administer licensing within the state with regard to
any provision of this section, including the establishment of an
expedited license revocation proceeding.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to subsequently
amend this measure to include provisions that would establish a
six-month probationary period for the following alcoholic beverage
licenses: licenses that are transferred to another entity or individual
and are currently under review by the Department of Alcoholic
Beverage Control for conducting illicit activities; licenses that are
sold to another entity or individual and are currently under review
by the department for conducting illicit activities; and licenses that
are sold or transferred to another entity or individual that has been
convicted of conducting illicit activities under the Alcoholic
Beverage Control Act. The six-month probationary period would
include a rapid license revocation process that may be used if the
licensee violates a regulation issued under, or a requirement of,
the Alcoholic Beverage Control Act.

end delete