SB 327, as introduced, Hall. Alcoholic beverages: licensees.
The Alcoholic Beverage Control Act authorizes the issuance of a special license for the sale of beer or wine on a temporary basis to a licensee for a picnic, social gathering, or similar occasion. The act also prohibits alcoholic beverages from being delivered to on-sale and off-sale licensees on Sunday or on any other day except between the hours of 3 a.m. and 8 p.m., and further provides that a violation of this provision is a misdemeanor.
This bill would allow beer wholesalers to deliver beer to holders of the special license described above between the hours of 8 a.m. and 8 p.m. on Sunday. The bill would make conforming technical changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 24045 of the Business and Professions
2Code is amended to read:
(a) All licenses, except on-sale general licenses for
4seasonal businesses and daily on-sale general licenses issued
5pursuant to Section 24045.1, shall be issued on an annual basis.
begin delete However, the department may issue special licenses for the sale
7of beer or wine on a temporary basis for premises temporarily
P2 1occupied by the licensee for a picnic, social gathering, or similar
2occasion at a fee equal to the actual cost of issuing the license, but
3not to exceed twenty-five dollars ($25) per day.end delete
4(b) Notwithstanding subdivision (a), a license transferred
5pursuant to Section 24071 or 24071.1 shall be issued for the
6unexpired term remaining on the license of the transferor.
7(c) The director may assign or reassign dates for the expiration
8of licenses issued pursuant to this section. The director may
9establish a registration year for any license issued pursuant to
10subdivision (a) consisting of any period from six months to 18
11months, inclusive, and shall prorate related annual fees to the extent
12the registration year is greater or less than 12 months, with
13subsequent renewals being required at yearly intervals.
Section 24045.1 of the Business and Professions Code
15 is amended to read:
The department, in its discretion, may issue on
17a temporary basis a daily on-sale general license and the fee for
begin delete suchend delete license shall be twenty-five dollars ($25) per day. begin delete Suchend delete
19 license authorizes the sale of distilled spirits, wine, and beer
20for consumption on the premises where sold, and
begin delete noend delete
21privileges shall be exercised under
begin delete suchend delete license. A daily
22on-sale general license may only be issued to a political party or
23affiliate supporting a candidate for public office or a ballot measure,
24an organization formed for a specific charitable or civic purpose,
25a fraternal organization in existence for over five years with a
26regular membership, or a religious organization. Distilled spirits
27sold under a daily on-sale general license shall have been purchased
28at retail from the holder of an off-sale general license.
39 department may adopt such rules as it determines to be
40necessary to implement and administer the provisions of this
P3 1section, including, but not limited to, limitations on the number
2of times during any calendar year a qualified organization may be
3issued a license provided for by this section.
5 provisions of Article 2 (commencing with Section
623815) of Chapter 5 and Article 2 (commencing with Section
723985) of Chapter 6 of this division shall not be applicable to the
8licenses provided for by this section.
Section 25633 of the Business and Professions Code
10 is amended to read:
Except as otherwise provided in this
begin delete section, noend delete person
13licensed as a manufacturer, winegrower, distilled spirits
14manufacturer’s agent, rectifier, or wholesaler of any alcoholic
15beverage shall deliver or cause to be delivered any alcoholic
16beverage to or for any person holding an on-sale or off-sale license
17on Sunday or except between the hours of 3 a.m. and 8 p.m. of
18any day other than Sunday. Any alcoholic beverage may be
19delivered at the platform of the manufacturing, producing, or
20distributing plant at any time. Nothing contained in this section
21prohibits the transportation or the carriage and delivery in transit
22at any time of any alcoholic beverage between the premises of a
23manufacturer, winegrower, wholesaler, distiller, importer, or any
24of them. Every person violating the provisions of this section is
25guilty of a misdemeanor.