BILL ANALYSIS
AB 1579
Page 1
ASSEMBLY THIRD READING
AB 1579 (Governmental Organization Committee)
As Introduced March 23, 2009
Majority vote
GOVERNMENTAL ORGANIZATION 16-0APPROPRIATIONS 11-0
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|Ayes:|Price, Anderson, Chesbro, |Ayes:|De Leon, Ammiano, Charles |
| |Cook, De Leon, | |Calderon, Davis, |
| |Galgiani, Hall, Hill, | |Krekorian, Hall, John A. |
| |Jeffries, Lieu, Mendoza, | |Perez, Price, Skinner, |
| |Nestande, Portantino, | |Solorio, Torlakson |
| |Torres, Torrico, Tran | | |
|-----+--------------------------+-----+---------------------------|
| | | | |
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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 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 ABC, 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 : According to the Assembly Appropriations
Committee, any costs associated with this legislation would be
minor and absorbable within ABC's existing resources.
AB 1579
Page 2
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
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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0000702