BILL NUMBER: AB 2694 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY MAY 10, 2012
AMENDED IN ASSEMBLY APRIL 12, 2012
INTRODUCED BY Committee on Governmental Organization (Hall (Chair),
Nestande (Vice Chair), Atkins, Block, Blumenfield, Chesbro, Cook,
Galgiani, Gatto, Hill, Jeffries, Ma, Perea, V. Manuel Pérez, Silva,
and Torres)
MARCH 15, 2012
An act to amend Sections 23355, 23393.5, and 23958.4 of the
Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 2694, Committee on Governmental Organization. Alcoholic
beverages.
(1) Existing law provides that licenses provided for in a
specified article within the Alcoholic Beverage Control Act authorize
the license holder to exercise the rights and privileges specified
in that article.
This bill would provide that the licenses provided for in the
Alcoholic Beverage Control Act authorize the license holder to
exercise the rights and privileges specified in that act.
(2) This bill would also make technical and conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23355 of the Business and Professions Code is
amended to read:
23355. Except as otherwise provided in this division and subject
to the provisions of Section 22 of Article XX of the Constitution,
the licenses provided for in this division authorize the person to
whom issued to exercise the rights and privileges specified in this
division and no others at the premises for which issued during the
year for which issued.
SEC. 2. Section 23393.5 of the Business and Professions Code is
amended to read:
23393.5. (a) The department may issue a limited off-sale retail
wine license which authorizes the sale of wine by the licensee if all
of the following conditions are met:
(1) Sales are restricted to those solicited and accepted via
direct mail, telephone, or the Internet.
(2) Sales are not conducted from a retail premises open to the
public.
(3) The licensee takes possession of and title to all wine sold by
the licensee.
(4) All wine sold by the licensee are delivered to the purchaser
from the licensee's licensed premises or from a licensed public
warehouse.
(b) The sale of wine shall only be to consumers and not for
resale, in packages or quantities of 52 gallons or less per sale, for
consumption off the premise where sold.
(c) The licensee shall comply with Section 23985, but is exempted
from Sections 23985.5 and 23986.
(d) The department may impose reasonable conditions upon the
licensee as may be needed in the interest of public health, safety,
and welfare.
(e) The application for the license shall be accompanied by an
original fee in an amount equivalent to that of an original off-sale
beer and wine license pursuant to Section 23954.5. The annual fee for
the license shall be an amount equivalent to that of a retail
package off-sale beer and wine license pursuant to Section 23320. All
moneys collected from the fees shall be deposited in the Alcohol
Beverage Control Fund, pursuant to Section 25761.
SEC. 3. Section 23958.4 of the Business and Professions Code is
amended to read:
23958.4. (a) For purposes of Section 23958, "undue concentration"
means the case in which the applicant premises for an original or
premises-to-premises transfer of any retail license are located in an
area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting
district that has a 20 percent greater number of reported crimes, as
defined in subdivision (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
(2) As to on-sale retail license applications, the ratio of
on-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of on-sale retail licenses to population in the county in which
the applicant premises are located.
(3) As to off-sale retail license applications, the ratio of
off-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of off-sale retail licenses to population in the county in
which the applicant premises are located.
(b) Notwithstanding Section 23958, the department may issue a
license as follows:
(1) With respect to a nonretail license, a retail on-sale bona
fide eating place license, a retail license issued for a hotel,
motel, or other lodging establishment, as defined in subdivision (b)
of Section 25503.16, a retail license issued in conjunction with a
beer manufacturer's license, or a winegrower's license, if the
applicant shows that public convenience or necessity would be served
by the issuance.
(2) With respect to any other license, if the local governing body
of the area in which the applicant premises are located, or its
designated subordinate officer or body, determines within 90 days of
notification of a completed application that public convenience or
necessity would be served by the issuance. The 90-day period shall
commence upon receipt by the local governing body of (A) notification
by the department of an application for licensure, or (B) a
completed application according to local requirements, if any,
whichever is later.
If the local governing body, or its designated subordinate officer
or body, does not make a determination within the 90-day period,
then the department may issue a license if the applicant shows the
department that public convenience or necessity would be served by
the issuance. In making its determination, the department shall not
attribute any weight to the failure of the local governing body, or
its designated subordinate officer or body, to make a determination
regarding public convenience or necessity within the 90-day period.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
unincorporated area of a county) that are identified by the local law
enforcement agency in the compilation and maintenance of statistical
information on reported crimes and arrests.
(2) "Reported crimes" means the most recent yearly compilation by
the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Finance.
(5) "Retail licenses" shall include the following:
(A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and
Type 21 (off-sale general).
(B) On-sale retail licenses: All retail on-sale licenses, except
Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and
wine for fishing party boat), Type 45 (on-sale beer and wine for
boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale
general for train and sleeping car), Type 54 (on-sale general for
boat), Type 55 (on-sale general for airplane), Type 56 (on-sale
general for vessels of more than 1,000 tons burden), and Type 62
(on-sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement).
(6) A "premises to premises transfer" refers to each license being
separate and distinct, and transferable upon approval of the
department.
(d) For purposes of this section, the number of retail licenses in
the county shall be established by the department on an annual
basis.
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29,
1992, whose premises were destroyed or rendered unusable as a result
of the civil disturbances occurring in Los Angeles from April 29 to
May 2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply if the premises have been
licensed and operated with the same type license within 90 days of
the application.