BILL ANALYSIS Ó
SB 1105
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Date of Hearing: June 8, 2016
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB
1105 (Mendoza) - As Introduced February 17, 2016
SENATE VOTE: 37-0
SUBJECT: Alcoholic beverage licensees: restrictions
SUMMARY: Repeals a provision of the Alcoholic Beverage Control
Act (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.
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.
SB 1105
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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 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
SB 1105
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COMMENTS:
Purpose of the bill : According to the author's office, this
bill is simply intended to repeal an obsolete provision of law
and clean-up the Act. Existing law 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 quasi-public
character.
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.
REGISTERED SUPPORT / OPPOSITION:
Support
California Beer and Beverage Distributors
SB 1105
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Opposition
None on file
Analysis Prepared by:Eric Johnson / G.O. / (916)
319-2531