BILL ANALYSIS Ó
SB 1105
Page 1
SENATE THIRD READING
SB
1105 (Mendoza)
As Introduced February 17, 2016
Majority vote
SENATE VOTE: 37-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Governmental |17-0 |Gray, Bigelow, Bonta, | |
|Organization | |Cooley, Cooper, Daly, | |
| | |Gallagher, Cristina | |
| | |Garcia, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gipson, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Levine, | |
| | |Linder, Salas, | |
| | |Steinorth, Waldron, | |
| | |Wilk | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |18-0 |Gonzalez, Bigelow, | |
SB 1105
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| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Repeals a 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.
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 two miles of any
SB 1105
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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 Assembly Appropriations
Committee, negligible state costs.
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 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
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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.
Analysis Prepared by:
Eric Johnson / G.O. / (916) 319-2531 FN:
0003676