BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1579|
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THIRD READING
Bill No: AB 1579
Author: Assembly Governmental Organization Committee
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-0, 7/8/09
AYES: Wright, Harman, Benoit, Calderon, Denham, Florez,
Negrete McLeod, Padilla, Price, Wyland, Yee
NO VOTE RECORDED: Oropeza, Wiggins
SENATE APPROPRIATIOS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-1, 5/26/09 - See last page for vote
SUBJECT : Alcoholic beverage control: licensees:
operating permits
SOURCE : Author
DIGEST : This bill makes minor clarifying changes to an
existing provision of the Alcoholic Beverage Control Act
that grants the Department of Alcoholic Beverage Control
the authority to, in its discretion, 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.
ANALYSIS : Existing law establishes the Department of
Alcoholic Beverage Control (ABC) and grants it exclusive
CONTINUED
AB 1579
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authority to administer the provision of the Alcoholic
Beverage Control Act (ABC Act) in accordance with laws
enacted by the Legislature,
Existing law 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.
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 appr4oval of the
license, ABC may issue an "Interim Operating Permit" upon
the applicant's written request. The fee for the permit is
$100 and it is good for up to 1230 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 If an application is withdrawn because of a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
application filed by other persons at the premises.
Comments
This bill is intended to codify current practice by
authorizing the ABC to, in its discretion, issue an interim
operating permit to an applicant for any license to operate
during the period in which 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 gives the ABC the
same latitude and discretion, in terms of interim
operation, for retail and non-retail licenses while protest
matters are being considered.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
AB 1579
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines
NOES: Nielsen
NO VOTE RECORDED: Harkey, Yamada, Bass
TSM:cm 8/18/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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