Amended in Senate March 26, 2015

Senate Bill No. 325

Introduced by Senator Hall

February 23, 2015

An act to amend begin delete Section 23055 end delete begin insert Sections 23055 and 23428.13 end insert of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

SB 325, as amended, Hall. Alcoholic beverages.

begin delete

Under

end delete

begin insert (1) end insert begin insert   end insert begin insert Under end insert existing law, the Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control. Existing law requires the Director of Alcoholic Beverage Control, on or before March 1 of each year, to make an annual report to the Legislature on the department’s activities and to post the report on its Internet Web site.

This bill would begin delete change the due date of the report to March 31. end delete begin insert instead require the department to provide the report upon request of the Legislature. end insert

begin insert

(2) Existing law, the Alcoholic Beverage Control Act, provides for the issuance of a club license that allows a licenseholder to exercise all of the rights and privileges permitted to an on-sale general license subject to specified exceptions and limitations, including a requirement that the club be a nonprofit and have at least 100 members. Existing law allows the issuance of club licenses to clubs operated by common carriers by air at an airport terminal.

end insert begin insert

This bill would provide that the restrictions relating to nonprofit status and number of members do not apply to club licenses issued to clubs operated by common carriers by air at an airport terminal.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

SECTION 1.  

Section 23055 of the Business and Professions
Code is amended to read:

23055.  

begin delete On or before March 31 of each year, end delete
begin insert (a) end insert begin insert   end insert begin insert Notwithstanding Section 10231.5 of the Government Code,
upon request from the Legislature, end insert the director shall prepare and
submit to the Legislature begin delete an annual end delete begin insert a end insert report on the department’s
activities and post the report on the department’s Internet Web
site. The report shall include, but not be limited to, the following
information for begin delete the end delete begin insert any end insert previous fiscal begin delete year: end delete begin insert year requested by the
Legislature: end insert

begin delete

(a)

end delete

begin insert (1) end insert  The amount of funds allocated and spent by the department
for licensing, enforcement, and administration.

begin delete

(b)

end delete

begin insert (2) end insert  The number of licenses issued, renewed, denied, suspended,
and revoked, by license category.

begin delete

(c)

end delete

begin insert (3) end insert  The average time for processing license applications, by
license category.

begin delete

(d)

end delete

begin insert (4) end insert  The number and type of enforcement activities conducted
by the department and by local law enforcement agencies in
conjunction with the department.

begin delete

(e)

end delete

begin insert (5) end insert  The number, type, and amount of penalties, fines, and other
disciplinary actions taken by the department.

begin insert

(b) The report submitted to the Legislature shall be submitted
in compliance with Section 9795 of the Government Code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 23428.13 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

23428.13.  

For purposes of this begin delete article end delete begin insert article, end insert “club” also means
any club operated by a common carrier by air at an airport terminal.
begin delete Such end delete begin insert This type of end insert club shall qualify for a license under this article
notwithstanding the provisions of Section 23037. The provisions
of begin delete Section 23399 end delete begin insert Sections 23399, 23434, and 23435 end insert and the
numerical limitation of Section 23430 shall not apply to begin delete such a end delete
begin insert this type of end insert club.

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Nothing contained in Section 23434 shall be deemed to preclude
the issuance of a license to the acquiring or surviving corporation
when a corporation holding a license pursuant to this section is an
acquired or constituent corporation in a corporate reorganization.

end delete