AB 2082, as amended, Campos. Alcoholic beverages: licenses: emergency orders.
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. The act authorizes the department to investigate potential violations of the act, authorizes the Director of the Department of Alcoholic Beverage Control to bring an action to enjoin a violation or the threatened violation of the act, and provides for a hearing process held on a protest, accusation, or petition for a license.
This bill would authorize thebegin delete directorend deletebegin insert director, by emergency order,end insert to temporarily suspend, limit,begin delete condition, or take other action upon,end deletebegin insert
or conditionend insert any licensebegin delete by emergency orderend delete prior to any hearing when, in the opinion of the department, the action is urgent and necessary to protect against an immediate threat to health orbegin delete safety.end deletebegin insert safety that is reasonably related to the operation of the licensed business.end insert The bill would, among other things related to the issuance and application of an emergency order, authorizebegin delete or licensee or person or entityend deletebegin insert a licenseeend insert against whom the order has been issued to petition for relief by written
argument.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 23059 is added to the Business and
2Professions Code, to read:
(a) begin insert(1)end insertbegin insert end insertThe directorbegin delete mayend deletebegin insert may, by emergency order,end insert
4 temporarily suspend, limit,begin delete condition, or take other action upon,end delete
5begin insert or conditionend insert any license issued pursuant to this division by
6emergency order prior to any hearing when, in the opinion of the
7department, the action is urgent and
necessary to protect against
8an immediate threat to health orbegin delete safety.end deletebegin insert safety that is reasonably
9related to the operation of the licensed business.end insert
10
(2) If an immediate threat to health or safety is alleged, direct
11evidence of the threat must be presented to the director prior to
12the issuance of an emergency order pursuant to this section. The
13standard in any subsequent evidentiary hearing shall be whether
14the licensee knew, or should have known, about the threat.
15
(b) For purposes of this
section:
16
(1) “Direct evidence” includes, but is not limited to, police
17reports, citations from the relevant local civil authority,
18photographs, and video footage provided by law enforcement or
19another public official acting in his or her official capacity.
20
(2) “Immediate threat to health or safety” means the trafficking
21or dealing of controlled substances, prostitution, human trafficking,
22gambling, or violence involving great bodily injury or death that
23occurs on or immediately adjacent to the licensee’s premises.
24(b) (1) The emergency order may suspend, limit, condition, or
25take other action in relation to the license of one or more persons
26in an operation without affecting other individual licensees.
11 27(2)
end delete
28begin insert(c)end insertbegin insert end insertbegin insert(1)end insert The emergency order shall set forth the grounds upon
29which it is based, including a statement of facts constituting the
30alleged emergency necessitating the action.
14 31(3)
end delete
P3 1begin insert(2)end insert The emergency order shall be effective immediately upon
2issuance and service upon the licensee or any agent of the licensee.
3The department shall serve the licensee with the emergency order,
4a copy of available discovery, and other relevant evidence in
5possession
of the department, including, but not limited to,
6affidavits, declarations, and any otherbegin insert directend insert evidence upon which
7the department relied in issuing the emergency order. The
8department shall notify the licensee of the licensee’s right to
9petition for relief.
22 10(c)
end delete
11begin insert(d)end insert (1) Once the emergency order has been served, a licensee
12begin delete or person or entity against whom the emergency order has been
may petition for relief from the order by written argument.
13issuedend delete
14(2) If a petition for relief is filed, using a preponderance of the
15evidence standard, the director shall modify or vacate the
16emergency order if either:
17(A) There is a reasonable probability that the licensee will
18prevail in the accusation.
19(B) The likelihood of immediate threat to the health or safety
20in not sustaining the emergency order does not outweigh the
21likelihood of injury to the licensee in sustaining the emergency
22order.
7 23(d)
end delete
24begin insert(e)end insert The department shall respond, in writing, to a petition for
25relief, either by sustaining, modifying, or vacating the emergency
26order, within three business days of receipt of the petition. If the
27department does not sustain or modify the emergency order within
28three business days of receipt of the petition, the emergency order
29shall be dissolved.
13 30(e)
end delete
31begin insert(f)end insert The emergency order shall remain effective until further
32order of the department or disposition at an accusation proceeding.
15 33(f) (1)
end delete
34begin insert(g)end insert The department shall file an accusation against the licensee
35with any additional, available pertinent discovery that was not
36provided to the licensee at the time the emergency order was issued
37within five business days after the issuance of an emergency order.
38
begin insert The emergency order shall be dissolved if the department does not
39file an accusation within five business days after the issuance of
40the order.end insert
20 P4 1(g)
end delete
2begin insert(h)end insert The licenseebegin delete or person or entity against whom the emergency is entitled to a hearing. If a
3order has been issued and servedend delete
4hearing is requested, it shall commence within 10 business days
5begin delete of the received date ofend deletebegin insert after the department’s receipt ofend insert
the Notice
6of Defense.
24 7(h)
end delete
8begin insert(i)end insert Nothing in this section precludes a licensee from proceeding
9directly to a full evidentiary hearing on an accusation without first
10petitioning the department for relief.
27 11(i)
end delete
12begin insert(j)end insert At the accusation hearing, the administrative law judge shall
13issue
a verbal decision which sustains or vacates the emergency
14
begin delete order. A proposed decision by an administrative judge on the begin insert order or shall
15accusation shall be prepared for the director’s review within 10
16business days after the submission of the hearing.end delete
17issue a written order sustaining or vacating the emergency order
18within 24 hours of the close of the hearing. The administrative law
19judge shall submit a written proposed decision within 10 days
20after the close of the hearing.end insert
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