BILL NUMBER: SB 327 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
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 amended, 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
and prohibits delivery 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. 8 P.M..
This bill instead would allow beer wholesalers and
specified beer manufacturers to deliver beer to holders of the
special license described above between the hours of 8
6 a.m. and 8 2
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.
(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 the
license shall be twenty-five dollars ($25) per day. The license
authorizes the sale of distilled spirits, wine, and beer for
consumption on the premises where sold, and off-sale privileges shall
not be exercised under 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
license 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) (A) In addition to the hours and days
specified in Section 25633, a beer wholesaler may deliver beer
between the hours of 8 6 a.m. and
8 2 p.m. on Sunday to a licensee who
has obtained a license pursuant to this subdivision
section .
(B) In addition to the hours and days specified in Section 25633,
a beer manufacturer that self-distributes may deliver beer that is
produced pursuant to Section 23357 between the hours of 6 a.m. and 2
p.m. on Sunday to a licensee who has obtained a license pursuant to
this section.
(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.
(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 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.