BILL NUMBER: SB 1260 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Yee
FEBRUARY 19, 2010
An act to add Chapter 20.1 (commencing with Section
2704.30) to Division 3 of the Streets and Highways Code, relating to
high-speed rail. An act to amend Section 23396.1 of
the Business and Professions Code, relatin g to alcoholic
beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 1260, as amended, Yee. High-speed rail.
Alcoholic beverages: lodging establishments .
The Alcoholic Beverage Control Act authorizes motels and hotels
having an on-sale general license for restricted service lodging
establishments, as described, to sell or furnish alcoholic beverages
for consumption on the premises by specified means.
This bill would extend that authorization to allow those motels
and hotels having an on-sale general license for restricted service
lodging establishments to sell or furnish beer and wine for
consumption on the premises, where the beer or wine is sold in a food
sale area, as defined, and consumed in specified areas of the motel
or hotel.
The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. By expanding the slope of an
existing crime, thus, the bill would impose a state-mandated local
program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed rail
system in the state, with specified powers and duties. Existing law,
pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century, approved by the voters as Proposition 1A at the
November 4, 2008, general election, provides for the issuance of
$9.95 billion in general obligation bonds for high-speed rail and
related purposes.
This bill would state the intent of the Legislature to enact
legislation to implement the bond act.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23396.1 of the
Business and Professions Code is amended to read:
23396.1. (a) An on-sale general license for restricted service
lodging establishments authorizes those hotels and motels described
in subdivision (b) (c) to sell or
furnish alcoholic beverages for consumption on the premises by means
of:
(1) Controlled access alcoholic beverage cabinets located in
guestrooms, subject to the conditions specified in Section 23355.2.
(2) Furnishing alcoholic beverages only to their transient guests
and their invitees under circumstances where the uniform cost of the
alcoholic beverages is included in the price of the overnight
transient occupancy accommodation, whether or not separately stated.
(b) (1) An on-sale general license for restricted service lodging
establishments authorizes those hotels and motels described in
subdivision (c) to sell or furnish beer and wine for consumption on
the premises, as defined in paragraph (2), and as designated to and
approved by the department as part of the licensed premises. Beer and
wine in sealed containers may be sold only to the licensee's
transient guests and their guests in a food sale area located within
the lodging establishment itself.
(2) For purposes of this subdivision, the following definitions
apply:
(A) "Food sale area" means a food facility, within the meaning of
Section 113789 of the Health and Safety Code, that routinely offers
for sale, throughout the area's normal hours of operation each day to
all of the lodging establishment's transient guests and their
invitees, primarily items like prepackaged sandwiches, salads,
snacks, candy, dairy products, water, soft drinks, and other
nonalcoholic beverages in bottles or cans, and similar food items.
The "food sale area" may also offer for sale various items such as
health and beauty aids, cosmetics, nonprescription drugs, film,
batteries, and similar sundries.
(B) "Premises" means guestrooms, the general lobby area of the
lodging establishment, rooms designated for private meetings and
conferences, and outside of the lodging establishment in the general
pool, picnicking, recreation, and similar gathering areas of the
lodging establishment.
(b)
(c) For purposes of this division, a "restricted
service lodging establishment" is a hotel or motel, within the
meaning of subdivision (f) of Section 23355.2, which meets all of the
following conditions:
(1) It does not operate a bona fide eating place or other public
premise.
(2) It has at least 10 guestroom accommodations.
(3) It does not derive more than 5 percent of its total gross
annual revenues from sales of alcoholic beverages.
(c)
(d) A premises licensed pursuant to this section shall
not be authorized to sell or furnish alcoholic beverages to the
general public, shall not be entitled to a caterer's permit pursuant
to Section 23399, and shall not be entitled to exercise any off-sale
privileges pursuant to Section 23401. The provisions of Article 2
(commencing with Section 23815) of Chapter 5 do not apply to the
issuance of on-sale general licenses for restricted service lodging
establishments. An on-sale general restricted service lodging
establishment license may be transferred to another person but not to
another location. A licensee specified in this section shall
purchase no alcoholic beverages for sale in this state other than
from a wholesaler or winegrower licensee.
(d)
(e) An applicant for an original on-sale general
license for restricted service lodging establishments shall, at the
time of filing the application for the license, accompany the
application with a fee of six thousand dollars ($6,000). The annual
renewal fee for a license issued pursuant to this section shall be
the same as the applicable annual renewal fee for an on-sale general
license.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Chapter 20.1 (commencing with
Section 2704.30) is added to Division 3 of the Streets and Highways
Code, to read:
CHAPTER 20.1. IMPLEMENTATION OF THE SAFE, RELIABLE HIGH-SPEED
PASSENGER TRAIN BOND ACT FOR THE 21ST CENTURY
2704.30. It is the intent of the Legislature to enact legislation
to implement the Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century.