Amended in Senate April 6, 2016

Senate BillNo. 1285


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 amended, 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.begin insert Existing law also provides for various annual fees for the issuance of alcoholic beverage licenses, depending on the type of license issued.end insert

This bill would, beginning January 1, 2017, provide an exception tobegin delete thisend deletebegin insert the licenseend insert limitation for a county of the 6th class, as specified, for 28 new originalbegin insert neighborhood-restrictedend insert special on-sale general licensesbegin delete for bona fide eating placesend delete for premises located within specified census tracts in that county, subject to specified requirements.begin insert This bill would impose an original fee and annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund, and would require an applicant for this license to submit a specified application, submitted under the penalty of perjury, to the Department of Alcoholic Beverage Control. This bill would also require the applicant to submit a signed verification by the local government in which the licensed premises would be located stating that the applicant has completed certain preapplication requirements.end insert

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By requiring an applicant to submit an application under penalty of perjury, thereby expanding the crime of perjury, this bill would impose a state-mandated local program.

end insert
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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason and that no reimbursement shall be made pursuant to those statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.

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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: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 23826.13 is added to the Business and
2Professions Code
, to read:

3

23826.13.  

(a) Notwithstanding any other provision of this
4chapter, in any county of the sixth class, the department may issue
5no more than a total of 28 new originalbegin insert neighborhood-restrictedend insert
6 special on-sale general licensesbegin delete for bona fide eating placesend delete
7 beginning on January 1, 2017.

8(b) To qualify for a license issued pursuant to this section, the
9premises for which the license would apply shall be located within
10one of the following United States Bureau of Census census tracts
11located within the City and County of San Francisco, subject to
12the following limitations:

13(1) For United States Bureau of the Census census tracts 612000,
14232000, 234000, 233000, and 230030, no more than a total of four
15newbegin delete specialend delete originalbegin insert neighborhood-restricted specialend insert on-sale
16general licensesbegin delete for bona fide eating placesend delete shall be issued to
17premises located within all of these tracts.

P3    1(2) For United States Bureau of the Census census tracts 258000
2and 257020, no more than a total of four newbegin delete specialend delete original
3begin insert neighborhood-restricted specialend insert on-sale general licensesbegin delete for bona
4fide eating placesend delete
shall be issued to premises located within both
5of these tracts.

6(3) For United States Bureau of the Census census tract 264030,
7no more than a total of four newbegin delete specialend delete original
8begin insert neighborhood-restricted specialend insert on-sale general licensesbegin delete for bona
9fide eating placesend delete
shall be issued to premises located within this
10tract.

11(4) For United States Bureau of the Census census tracts 255000,
12256000, 260020, 260010, 260040, 261000, and 263010, no more
13than a total of four newbegin delete specialend delete originalbegin insert neighborhood-restricted
14specialend insert
on-sale general licensesbegin delete for bona fide eating placesend delete shall
15be issued to premises located within all of these tracts.

16(5) For United States Bureau of the Census census tracts 309000,
17310000, and 312010, no more than a total of four newbegin delete specialend delete
18 originalbegin insert neighborhood-restricted specialend insert on-sale general licenses
19begin delete for bona fide eating placesend delete shall be issued to premises located
20within all of these tracts.

21(6) For United States Bureau of the Census census tracts 330000,
22329010, 328010, 353000, and 354000, no more than a total of four
23newbegin delete specialend delete originalbegin insert neighborhood-restricted specialend insert on-sale
24general licensesbegin delete for bona fide eating placesend delete shall be issued to
25premises located within all of these tracts.

26(7) For United States Bureau of the Census census tracts 328020,
27329020, 351000, and 352010, no more than a total of four new
28begin delete specialend delete originalbegin insert neighborhood-restricted specialend insert on-sale general
29licensesbegin delete for bona fide eating placesend delete shall be issued to premises
30located within all of these tracts.

31(c) In issuing the licenses pursuant to this section, the department
32shall follow the procedure set forth in Section 23961. A license
33shall not be issued pursuant to this section to an applicant until
34any existing on-sale licenses issued to the applicantbegin insert for the same
35premisesend insert
are canceled.

36(d) (1) begin deleteAn applicant end deletebegin insertA person end insertwho currently holdsbegin delete a validend deletebegin insert anend insert
37 on-sale general license for a premises shall not apply for a license
38issued pursuant to this section for that licensed premises.

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P4    1(2) An applicant seeking a license pursuant to this section shall
2comply with the notice requirements established in Section
323985.5.

end delete
begin insert

4
(2) In addition to the other requirements of this section, an
5application for a neighborhood-restricted on-sale general license
6shall be subject to all the requirements that apply to an on-sale
7general license for a bona fide eating place.

end insert

8(3) Prior to submitting an application for a license issued
9pursuant to this section, the applicant shall conduct a minimum of
10one preapplication meeting to discuss the application with
11neighbors and members of the community within the census tract
12in which the premises are located.

13(A) The applicant shall hold the meeting either on the premises
14or at an alternate location within a one-mile radius of the premises.

15(B) The applicant shall mail notification of the preapplication
16meeting to all of the following individuals and organizations at
17least 14 calendar days before the meeting:

18(i) Each resident within a 500-foot radius of the premises for
19which the license is to be issued.

20(ii) Any relevant neighborhood associations for the
21neighborhood in which the premises is located, as identified on a
22list maintained by the Planning Department of the City and County
23of San Francisco.

24(iii) The Chief of Police for the San Francisco Police
25Department.

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26(C) The department shall require the applicant to submit
27documentation of the completed preapplication meeting as part of
28an application for a license issued under this section.

end delete
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29
(C) Applicants for a neighborhood-restricted special on-sale
30general license shall submit, on a form provided by the department,
31signed verification by the local government body that states the
32applicant has completed the preapplication meeting pursuant to
33this section.

end insert

34(e) (1) A license issued pursuant to this section shall not be
35transferred between counties.

36(2) A license issued pursuant to this section shall not be
37transferred to anybegin delete premises other than the premises for which the
38license was originally issued.end delete
begin insert other premises.end insert This provision shall
39not apply to any licensee whose premises have been destroyed as
40a result of fire or any act of God or other force beyond the control
P5    1of the licensee, for whom the provisions of Section 24081 shall
2apply.

3(3) A license issued pursuant to this section shall not be
4transferred to any person, partnership, limited partnership, limited
5liability company, or corporation. This provision shall not apply
6to licenses transferred under Section 24071, 24071.1, or 24071.2.

7(f) Upon the cancellation of any license issued pursuant to this
8section, the license shall be returned to the department for issuance
9to a new applicant following the procedure set forth in Section
1023961 and the provisions of this section.

11(g) A person that holds abegin insert neighborhood-restrictedend insert special
12begin delete originalend delete on-sale general licensebegin delete for a bona fide public eating placeend delete
13 issued pursuant to this section shall not exchange his or her license
14for an on-sale license for public premises.

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15
(h) Except as specified herein, a neighborhood-restricted special
16on-sale general license may exercise all of the privileges, and is
17subject to all the restrictions, of an on-sale general license for a
18bona fide eating place.

end insert
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11 19(h)

end delete

20begin insert(i)end insert Abegin insert neighborhood-restrictedend insert special on-sale general license
21begin delete for a bona fide eating placeend delete issued pursuant to this section shall
22not, with respect to beer and wine, authorize the exercise of the
23rights and privileges granted by an off-sale beer and wine license.

begin insert

24
(j) (1) The original and annual fees, and any additional fees
25and surcharges, shall be the same as those imposed upon an
26on-sale general license for a bona fide eating place.

end insert
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27
(2) All moneys collected from the fees imposed pursuant to this
28section shall be deposited in the Alcohol Beverage Control Fund,
29pursuant to Section 25761.

end insert
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15 30(i)

end delete

31begin insert(k)end insert The department shall adopt rules and regulations to enforce
32the provisions of this section.

33

SEC. 2.  

The Legislature finds and declares that a special law
34is necessary and that a general law cannot be made applicable
35within the meaning of Section 16 of Article IV of the California
36Constitution because of the unique distribution and market
37conditions of liquor licenses in the City and County of San
38Francisco, that apply only to the City and County of San Francisco.

39begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P6    1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.

end insert
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8
No reimbursement shall be made pursuant to Part 7
9(commencing with Section 17500) of Division 4 of Title 2 of the
10Government Code for costs mandated by the state pursuant to this
11act. It is recognized, however, that a local agency or school district
12may pursue any remedies to obtain reimbursement available to it
13under Part 7 (commencing with Section 17500) and any other
14provisions of law.

end insert


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