BILL NUMBER: SB 327	INTRODUCED
	BILL TEXT


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.
 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. 
   (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.   (a)    The department, in its
discretion, may issue on a temporary basis a daily on-sale general
license and the fee for  such   the 
license shall be twenty-five dollars ($25) per day.  Such
  The  license authorizes the sale of distilled
spirits, wine, and beer for consumption on the premises where sold,
and  no  off-sale privileges shall  not  be
exercised under  such   the  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.

   (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.  
   (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.  
   The 
    (c)     The  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. 
   The 
    (d)     The  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  section, no
  section and paragraph (2) of subdivision (b) of
Section 24045.1, a  person licensed as a manufacturer,
winegrower, distilled spirits manufacturer's agent, rectifier, or
wholesaler of any alcoholic beverage shall  not  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.