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
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|Policy |Governmental Organization |Vote:|13 - 4 |
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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'
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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