BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           SB 1105          Hearing Date:    4/12/2016
           ----------------------------------------------------------------- 
          |Author:    |Mendoza                                              |
          |-----------+-----------------------------------------------------|
          |Version:   |2/17/2016   Introduced                               |
           ----------------------------------------------------------------- 
           ------------------------------------------------------------------ 
          |Urgency:   |No                     |Fiscal:      |Yes             |
           ------------------------------------------------------------------ 
           ----------------------------------------------------------------- 
          |Consultant:|Arthur Terzakis                                      |
          |           |                                                     |
           ----------------------------------------------------------------- 
          

          SUBJECT: Alcoholic beverage licensees:  restrictions


            DIGEST:    This bill repeals an obsolete provision of the  
          Alcoholic Beverage Control (ABC) Act which prohibits the  
          issuance of a license, other than an on-sale beer license, for  
          premises situated in the vicinity of work camp areas, as  
          specified, containing men engaged in the construction, repair,  
          or operation of any work, improvement, or utility of a public or  
          quasi-public character.   

          ANALYSIS:
          
          Existing law:
          
          1)Establishes the Department of Alcoholic Beverage Control (ABC)  
            and grants it exclusive authority to administer the provisions  
            of the ABC 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)Prohibits the issuance of a license, other than an on-sale  
            beer license, for premises situated more than one mile outside  
            the limits of an incorporated city and within 2 miles of any  
            camp or establishment of men, numbering 25 or more, engaged  
            upon or in connection with the construction, repair, or  
            operation of any work, improvement, or utility of a public or  







          SB 1105 (Mendoza)                                  Page 2 of ?
          
          
            quasi-public character. 

          3)Provides that this provision does not apply to the renewal of  
            any licenses for any premises which have been established and  
            licensed at least six months prior to the establishment of the  
            camp or establishment of men, and such licenses, whether held  
            by the original licensee to whom first issued or a subsequent  
            holder thereof, shall be subject to transfer as to person and  
            premises, or either, in the same manner as any other license  
            of the same type and character issued by ABC.


          4)Defines an "on-sale" license as authorizing the sale of all  
            types of alcoholic beverages namely, beer, wine and distilled  
            spirits, for consumption on the premises (such as at a  
            restaurant or bar).  An "off-sale" license authorizes the sale  
            of all types of alcoholic beverages for consumption off the  
            premises in original, sealed containers.

          This bill:

          Repeals an obsolete provision of the ABC Act which prohibits the  
          issuance of a license, other than an on-sale beer license, for  
          any premise situated near a work camp area containing men  
          engaged in construction or repair work of a public or  
          quasi-public nature.

          Background

          Purpose of SB 1105.  According to the author's office, this bill  
          is simply intended to repeal an obsolete provision of law and  
          clean-up the ABC Act.  

          The author's office notes that at the time this statute was  
          enacted in 1935, the Legislature's sentiment was that the sale  
          of liquor and wine near work camp areas should not be allowed.   
          It was believed that allowing such sales would invite public  
          drunkenness and lewd behavior in the vicinity of these camps and  
          contribute to diminished productivity by workers.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  








          SB 1105 (Mendoza)                                  Page 3 of ?
          
          

          California Beer and Beverage Distributors (source)

          OPPOSITION:

          None received