Senate Bill No. 327

Introduced by Senator Hall

February 23, 2015

An act to amend Sections 24045, 24045.1, and 25633 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

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 1.  

Section 24045 of the Business and Professions
Code is amended to read:

24045.  

(a) All licenses, except on-sale general licenses for
seasonal businesses and daily on-sale general licenses issued
pursuant to Section 24045.1, shall be issued on an annual basis.
begin delete However, the department may issue special licenses for the sale
of beer or wine on a temporary basis for premises temporarily
occupied by the licensee for a picnic, social gathering, or similar
occasion at a fee equal to the actual cost of issuing the license, but
not to exceed twenty-five dollars ($25) per day. end delete

(b) Notwithstanding subdivision (a), a license transferred
pursuant to Section 24071 or 24071.1 shall be issued for the
unexpired term remaining on the license of the transferor.

(c) The director may assign or reassign dates for the expiration
of licenses issued pursuant to this section. The director may
establish a registration year for any license issued pursuant to
subdivision (a) consisting of any period from six months to 18
months, inclusive, and shall prorate related annual fees to the extent
the registration year is greater or less than 12 months, with
subsequent renewals being required at yearly intervals.

SEC. 2.  

Section 24045.1 of the Business and Professions Code
is amended to read:

24045.1.  

begin insert (a) end insert begin insert   end insert The department, in its discretion, may issue on
a temporary basis a daily on-sale general license and the fee for
begin delete such end delete begin insert the end insert license shall be twenty-five dollars ($25) per day. begin delete Such end delete
begin insert The end insert license authorizes the sale of distilled spirits, wine, and beer
for consumption on the premises where sold, and begin delete no end delete off-sale
privileges shall begin insert not end insert be exercised under begin delete such end delete begin insert the end insert license. A daily
on-sale general license may only be issued to a political party or
affiliate supporting a candidate for public office or a ballot measure,
an organization formed for a specific charitable or civic purpose,
a fraternal organization in existence for over five years with a
regular membership, or a religious organization. Distilled spirits
sold under a daily on-sale general license shall have been purchased
at retail from the holder of an off-sale general license.

begin insert

(b) (1) The department may issue a special licenses for the sale
of beer or wine on a temporary basis for premises temporarily
occupied by a licensee for a picnic, social gathering, or similar
occasion at a fee equal to the actual cost of issuing the license,
but not to exceed twenty-five dollars ($25) per day.

end insert begin insert

(2) In addition to the hours and days specified in Section 25633,
a beer wholesaler may deliver beer between the hours of 8 a.m.
and 8 p.m. on Sunday to a licensee who has obtained a license
pursuant to this subdivision.

end insert begin delete

The

end delete

begin insert (c) end insert begin insert   end insert begin insert The end insert department may adopt such rules as it determines to be
necessary to implement and administer the provisions of this
section, including, but not limited to, limitations on the number
of times during any calendar year a qualified organization may be
issued a license provided for by this section.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert provisions of Article 2 (commencing with Section
23815) of Chapter 5 and Article 2 (commencing with Section
23985) of Chapter 6 of this division shall not be applicable to the
licenses provided for by this section.

SEC. 3.  

Section 25633 of the Business and Professions Code
is amended to read:

25633.  

Except as otherwise provided in this begin delete section, no end delete begin insert section
and paragraph (2) of subdivision (b) of Section 24045.1, a end insert person
licensed as a manufacturer, winegrower, distilled spirits
manufacturer’s agent, rectifier, or wholesaler of any alcoholic
beverage shall begin insert not end insert deliver or cause to be delivered any alcoholic
beverage to or for any person holding an on-sale or off-sale license
on Sunday or except between the hours of 3 a.m. and 8 p.m. of
any day other than Sunday. Any alcoholic beverage may be
delivered at the platform of the manufacturing, producing, or
distributing plant at any time. Nothing contained in this section
prohibits the transportation or the carriage and delivery in transit
at any time of any alcoholic beverage between the premises of a
manufacturer, winegrower, wholesaler, distiller, importer, or any
of them. Every person violating the provisions of this section is
guilty of a misdemeanor.