BILL ANALYSIS
AB 1579
Page 1
Date of Hearing: April 30, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 1579 (Committee on Governmental Organization) - As
Introduced: March 23, 2009
SUBJECT : Alcoholic beverage control: licensees: operating
permits.
SUMMARY : Grants the Department of Alcoholic Beverage Control
(ABC), discretion, to issue an interim operating permit to a
non-retail license applicant that allows them to operate during
the period a license application is pending. Specifically,
this bill :
1)Revises the authorization of ABC to, in its discretion, issue
an interim operating permit to an applicant for any license to
operate the premises during the period an application for a
license at the premises is pending, subject to specified
conditions applicable to all licensees or retail licensees
only.
EXISTING LAW :
1)Establishes ABC and grants it the exclusive authority to
administer the provisions of the Alcoholic Beverage Control
Act (Act) in accordance with laws enacted by the Legislature.
2)Authorizes the Department of Alcoholic Beverage Control, in
its discretion, to issue an interim retail permit to an
applicant for any retail license to operate the premises
during the period an application for a license at the premises
is pending, subject to specified conditions.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill . This bill represents the annual Assembly
Governmental Organization Committee bill that makes technical,
clarifying, conforming, and non-controversial changes to the ABC
Act.
This bill codifies current law by authorizing ABC to, in its
AB 1579
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discretion, issue an interim operating permit to an applicant
for any license to operate during the period an application for
a license at the premises is pending, subject to specified
conditions applicable to all licensees or retail licensees only.
Currently, when a retail license is being protested, the ABC can
issue an interim retail permit to be effective until the matter
is settled via the judicial process. Unfortunately, though, the
ABC cannot issue an interim permit if the application is for a
non-retail license (winery, wholesaler, etc.) This bill would
give ABC the same latitude and discretion, in terms of interim
operation, for retail and non-retail licenses while protest
matters are being considered.
ABC put forth the language contained in this bill.
Background . Under current law, any person may protest the
issuance of an alcohol license. If a retail license application
has been protested and ABC has recommended approval of the
license, ABC may issue an Interim Operating Permit upon the
applicant's written request. The fee for the permit is $100.
It is good for up to 120 days subject to renewals. If an
application is withdrawn because of a protest being filed, an
applicant may not re-file an application at the same premises
for one year, and all protests remain valid for one year against
any subsequent applications filed by other persons at the
premises.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531