California Legislature—2015–16 Regular Session

Assembly BillNo. 2739


Introduced by Assembly Member Chiu

(Coauthor: Assembly Member Ting)

(Coauthor: Senator Leno)

February 19, 2016


An act to amend Section 24045.75 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2739, as introduced, Chiu. Department of Alcoholic Beverage Control: special on-sale general license: for-profit theater.

Under existing law, the Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control through the Director of Alcoholic Beverage Control. Existing law authorizes the department to issue a special on-sale general license to the operator of any for-profit theater located within the City and County of San Francisco, as specified. Existing law prohibits that special on-sale general license from being issued until any existing licenses issued by the department to the operator for the premises of the for-profit theater are canceled.

This bill would delete that prohibition.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 24045.75 of the Business and Professions
2Code
is amended to read:

3

24045.75.  

(a) begin delete (1) end deletebegin deleteend deleteThe department may issue a special on-sale
4general license to the operator of any for-profit theater located
5within the City and County of San Francisco, configured with
6theatrical seating of at least 1,000 seats and primarily devoted to
7live theatrical performances.

begin delete

8(2) A special on-sale general license described by this section
9shall not be issued until any existing licenses issued by the
10department to the operator for the premises of the for-profit theater
11are canceled.

end delete

12(b) The special on-sale general license shall permit sales, service,
13and consumption of alcoholic beverages in the lobbies and seating
14areas of the theater for the period beginning two consecutive hours
15prior to a live theatrical performance and ending one hour after
16the live theatrical performance is completed, subject to Section
1725631. Any special on-sale general license issued pursuant to this
18section shall be subject to the limitations provided by Section
1923816, but shall not be required to be operated as a bona fide public
20eating place. The theater further shall not be subject to the
21provisions of Section 23793.

22(c) For purposes of this section, “for-profit theater” shall not
23include an adult or sexually oriented business, as defined in Section
24318.5 of the Penal Code.

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SEC. 2.  

This act is an urgency statute necessary for the
26immediate preservation of the public peace, health, or safety within
27the meaning of Article IV of the Constitution and shall go into
28immediate effect. The facts constituting the necessity are:

29In order to ensure the fair and efficient application of the
30alcoholic beverage control licensing laws with respect to for-profit
31theaters within the City and County of San Francisco, it is
32necessary that this act take effect immediately.



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