BILL ANALYSIS Ó
SB 685
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Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
685 (McGuire) - As Amended June 25, 2015
SENATE VOTE: 40-0
SUBJECT: Alcoholic beverage service: veterans' club license.
SUMMARY: Authorizes a holder of a veterans' club license to
sell and serve alcoholic beverages for consumption within the
licensed establishment to members of other veterans'
organizations, active duty or reserve members of the Armed
Forces, or veterans, as well as to the members of the veterans'
organization and their guests. Specifically, this bill:
1)Expands the privileges of the holder of a veterans' club
license by allowing such clubs to also serve and sell alcoholic
beverages to bona fide members of other veterans' organizations,
active duty or reserve members of the Armed Forces, or veterans
defined in Section 18540.4 of the Government Code.
2)Specifies that a bona fide member of a veterans' organization,
bona fide guest, active duty or reserve member of the Armed
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Forces, or veteran is not required to sign a roster before
purchasing or being served alcoholic beverages for consumption.
3)Declares legislative intent to expand the rights of a holder
of a veterans' club license to serve and sell alcoholic
beverages.
EXISTING LAW:
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the provisions
of the Act in accordance with laws enacted by the Legislature.
This involves licensing individuals and businesses associated
with the manufacture, importation and sale of alcoholic
beverages in this state and the collection of license fees for
this purpose.
2)Defines "club" to mean a corporation or association which is
the owner, lessee, or occupant of an establishment operated
solely for objects of a social or athletic nature but not for
pecuniary gain, having a bona fide membership list, and the
majority of the members of which pay dues at least once in every
year, and the property as well as the advantages of which belong
to the members, and which sells alcoholic beverages only to its
members and its bona fide guests. (B & P Code Section 23037)
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3)Provides for the issuance of a "club" license allowing the
sale of alcoholic beverages to a plethora of clubs/organizations
(e.g., golf club, swimming club, tennis club, horse riding club,
beach and athletic club, handball or racquetball club, nonprofit
mobile homeowners social club, national fraternal organizations,
rod and gun club, peace officers and firefighters associations,
nonprofit social and religious club, National Guard or Air
National Guard club, labor council, American Citizens club,
local dental society club, condominium homeowners' association,
Hidalgo Society, nonprofit lawn bowls club, etc.).
4)Authorizes the issuance of a "veterans" club license and
defines veteran to mean any person who has served in the United
States Army, Navy, Air Force, Marine Corps, Coast Guard, or as
an active nurse in the service of the American Red Cross, or in
the Army and Navy Nurse Corps in time of war, or in any
expedition of the Armed Forces of the United States, or who has
served in one of these services during the period September 16,
1940, to December 7, 1941, and received a discharge under
conditions other than dishonorable. (B & P Code Section 23450)
5)Defines "veteran" to mean any person who has served full time
in the Armed Forces in time of national emergency or state
military emergency or during an expedition of the Armed Forces
and who has been discharged or released under conditions other
than dishonorable. (Government Code Section 18540.4)
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6)Provides that the holder of a veterans' club license may
exercise all of the rights and privileges permitted by an
on-sale general license but may sell and serve alcoholic
beverages for consumption within the licensed establishment only
to bona fide members of the veterans' organization and their
bona fide guests.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill . Over the years, numerous "club" licenses
have been added to the Act allowing the license holder to sell
and serve alcoholic beverages for consumption within the
licensed establishment and "only" to members of the club and
their guests.
The existing veterans' club license was first established during
World War II and was developed to allow veterans organizations
to operate as a clubhouse for members and their guests. There
are currently approximately 317 of these licenses that are
authorized to sell and serve alcoholic beverages only to bona
fide members of the club and their guests for consumption within
the licensed establishment.
According to the author's office, this bill is intended to
broaden the scope of "veterans" that can be served alcoholic
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beverages on the club's premises thereby increasing
opportunities for fundraising to support programs that provide
assistance to veterans.
In support : Proponents note that this bill gives veterans
organization posts which hold a veteran's club license the
opportunity to sell and serve alcohol within the licensed
establishment to a greater universe of veterans, as specified.
In opposition : Opponents argue that as currently drafted, this
bill does not provide any particular format for law enforcement
or the ABC to differentiate between a bona fide guest and a
private individual who enters the club for purposes of alcohol
consumption. Opponents believe some sort of sign-up sheet or
roster identifying guests and the club member should be required
as a condition for alcohol purchase or consumption.
REGISTERED SUPPORT / OPPOSITION:
Support
AMVETS, Department of California
American Legion, Department of California
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California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of
Chapters
Jewish War Veterans
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Opposition
California Council on Alcohol Problems
Analysis Prepared by:Eric Johnson / G.O. / (916)
319-2531
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