BILL NUMBER: SB 1285 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 19, 2016
An act to add Section 23826.13 to the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1285, as introduced, Leno. Alcoholic beverages: licenses.
The Alcoholic Beverage Control Act, administered by the
Department of Alcoholic Beverage Control, regulates the sale and
distribution of alcoholic beverages and the granting of licenses for
the manufacture, distribution, and sale of alcoholic beverages within
the state. The act also provides for a limitation on the amount of
on-sale general licenses that may be issued by the department based
on the population of the county in which the licensed premises are
located, as provided.
This bill would, beginning January 1, 2017, provide an exception
to this limitation for a county of the 6th class, as specified, for
28 new original special on-sale general licenses for bona fide eating
places for premises located within specified census tracts in that
county, subject to specified requirements.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23826.13 is added to the Business and
Professions Code, to read:
23826.13. (a) Notwithstanding any other provision of this
chapter, in any county of the sixth class, the department may issue
no more than a total of 28 new original special on-sale general
licenses for bona fide eating places beginning on January 1, 2017.
(b) To qualify for a license issued pursuant to this section, the
premises for which the license would apply shall be located within
one of the following United States Bureau of Census census tracts
located within the City and County of San Francisco, subject to the
following limitations:
(1) For United States Bureau of the Census census tracts 612000,
232000, 234000, 233000, and 230030, no more than a total of four new
special original on-sale general licenses for bona fide eating places
shall be issued to premises located within all of these tracts.
(2) For United States Bureau of the Census census tracts 258000
and 257020, no more than a total of four new special original on-sale
general licenses for bona fide eating places shall be issued to
premises located within both of these tracts.
(3) For United States Bureau of the Census census tract 264030, no
more than a total of four new special original on-sale general
licenses for bona fide eating places shall be issued to premises
located within this tract.
(4) For United States Bureau of the Census census tracts 255000,
256000, 260020, 260010, 260040, 261000, and 263010, no more than a
total of four new special original on-sale general licenses for bona
fide eating places shall be issued to premises located within all of
these tracts.
(5) For United States Bureau of the Census census tracts 309000,
310000, and 312010, no more than a total of four new special original
on-sale general licenses for bona fide eating places shall be issued
to premises located within all of these tracts.
(6) For United States Bureau of the Census census tracts 330000,
329010, 328010, 353000, and 354000, no more than a total of four new
special original on-sale general licenses for bona fide eating places
shall be issued to premises located within all of these tracts.
(7) For United States Bureau of the Census census tracts 328020,
329020, 351000, and 352010, no more than a total of four new special
original on-sale general licenses for bona fide eating places shall
be issued to premises located within all of these tracts.
(c) In issuing the licenses pursuant to this section, the
department shall follow the procedure set forth in Section 23961. A
license shall not be issued pursuant to this section to an applicant
until any existing on-sale licenses issued to the applicant are
canceled.
(d) (1) An applicant who currently holds a valid on-sale general
license for a premises shall not apply for a license issued pursuant
to this section for that licensed premises.
(2) An applicant seeking a license pursuant to this section shall
comply with the notice requirements established in Section 23985.5.
(3) Prior to submitting an application for a license issued
pursuant to this section, the applicant shall conduct a minimum of
one preapplication meeting to discuss the application with neighbors
and members of the community within the census tract in which the
premises are located.
(A) The applicant shall hold the meeting either on the premises or
at an alternate location within a one-mile radius of the premises.
(B) The applicant shall mail notification of the preapplication
meeting to all of the following individuals and organizations at
least 14 calendar days before the meeting:
(i) Each resident within a 500-foot radius of the premises for
which the license is to be issued.
(ii) Any relevant neighborhood associations for the neighborhood
in which the premises is located, as identified on a list maintained
by the Planning Department of the City and County of San Francisco.
(iii) The Chief of Police for the San Francisco Police Department.
(C) The department shall require the applicant to submit
documentation of the completed preapplication meeting as part of an
application for a license issued under this section.
(e) (1) A license issued pursuant to this section shall not be
transferred between counties.
(2) A license issued pursuant to this section shall not be
transferred to any premises other than the premises for which the
license was originally issued. This provision shall not apply to any
licensee whose premises have been destroyed as a result of fire or
any act of God or other force beyond the control of the licensee, for
whom the provisions of Section 24081 shall apply.
(3) A license issued pursuant to this section shall not be
transferred to any person, partnership, limited partnership, limited
liability company, or corporation. This provision shall not apply to
licenses transferred under Section 24071, 24071.1, or 24071.2.
(f) Upon the cancellation of any license issued pursuant to this
section, the license shall be returned to the department for issuance
to a new applicant following the procedure set forth in Section
23961 and the provisions of this section.
(g) A person that holds a special original on-sale general license
for a bona fide public eating place issued pursuant to this section
shall not exchange his or her license for an on-sale license for
public premises.
(h) A special on-sale general license for a bona fide eating place
issued pursuant to this section shall not, with respect to beer and
wine, authorize the exercise of the rights and privileges granted by
an off-sale beer and wine license.
(i) The department shall adopt rules and regulations to enforce
the provisions of this section.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique distribution and market conditions of liquor
licenses in the City and County of San Francisco, that apply only to
the City and County of San Francisco.