BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2082


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          Date of Hearing:   May 4, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2082 (Campos) - As Amended April 13, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the Director of the Alcoholic Beverage  
          Control (ABC) to temporarily suspend, limit, condition, or take  
          other action upon, any license by emergency order when the  
          action is urgent and necessary to protect against an immediate  
          threat to health or safety. In summary, this bill: 


          1)Allows the Director to temporarily suspend, limit, condition,  








                                                                    AB 2082


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            or take other action upon, any license issued, as specified,  
            by emergency order prior to any hearing when, in the opinion  
            of ABC, the action is urgent and necessary to protect against  
            an immediate threat to health or safety. 


          2)Defines the scope of the emergency order, the process for  
            issuing it, and the information it must include, including a  
            statement of facts. 


          3)Allows licensees to file a petition for relief from the  
            emergency order and defines how ABC must respond to that  
            petition.


          4)Requires ABC to file an accusation against the licensee with  
            any additional relevant discovery that was not part of the  
            emergency order within five business days of the issuance of  
            the emergency order. 


          5)Allows a licensee to proceed to a full evidentiary hearing  
            without petitioning for relief. 


          FISCAL EFFECT:


          Minor and absorbable costs to ABC. The new authority granted to  
          ABC would be used in extreme cases and would conform to ABC's  
          existing operations. 


          COMMENTS:


          1)Purpose and background. According to the author, this bill  
            will provide ABC with the authority to suspend a business'  








                                                                    AB 2082


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            alcohol license in the case of an emergency that threatens the  
            health and safety of the public, such as an alcohol-serving  
            establishment that is found to be involved in human  
            trafficking. The author contends that this bill will be a tool  
            that can be used, with caution, when residents face dangerous  
            circumstances because of problem businesses. While ABC  
            currently has the authority to revoke the alcohol license of  
            problem retailers, it lacks the ability to act swiftly in more  
            urgent emergencies. 


          2)Parallel gambling provisions.  The author notes that the  
            Department of Consumer Affairs, the Bureau of Gambling  
            Control, and the Department of Public Health, as well as local  
            law enforcement in specified areas of a city, all have the  
            authority to pull licenses or close down businesses swiftly if  
            they are found to be engaged in illegal activities that  
            endanger the health and safety of individuals.





          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081