BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1105|
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CONSENT
Bill No: SB 1105
Author: Mendoza (D)
Introduced:2/17/16
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 4/12/16
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Glazer,
Hernandez, Hill, Hueso, Lara, McGuire, Vidak
NO VOTE RECORDED: Runner
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Alcoholic beverage licensees: restrictions
SOURCE: California Beer and Beverage Distributors
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 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
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Page 2
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 two 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
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
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Page 3
drunkenness and lewd behavior in the vicinity of these camps and
contribute to diminished productivity by workers.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/25/16)
California Beer and Beverage Distributors (source)
OPPOSITION: (Verified4/25/16)
None received
Prepared by:Arthur Terzakis / G.O. / (916) 651-1530
4/27/16 15:57:21
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