BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1579
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                AB 1579 (Committee on Governmental Organization) - As  
                            Introduced:  March 23, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            16 - 0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill grants the Department of Alcoholic Beverage Control  
          (ABC) the discretion to issue an interim operating permit to a  
          non-retail license applicant that allows them to operate during  
          the period when a license application is pending. 

           FISCAL EFFECT  

          Any costs associated with this legislation would be minor and  
          absorbable within ABC's existing resources.

           COMMENTS  

           Purpose  . This bill is the Assembly Governmental Organization  
          Committee's omnibus bill dealing with technical and  
          non-controversial changes to the Alcoholic Beverage Control Act.  
          Currently, this bill clarifies current law by authorizing ABC,  
          at its discretion, to issue an interim operating permit to an  
          applicant for any license to operate during the period when an  
          application for a license is pending. This language was put  
          forth by ABC.

          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.








                                                                  AB 1579
                                                                  Page  2


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081