BILL ANALYSIS Ó AB 2082 Page 1 Date of Hearing: May 4, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2082 (Campos) - As Amended April 13, 2016 ----------------------------------------------------------------- |Policy |Governmental Organization |Vote:|13 - 4 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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