BILL ANALYSIS �
Bill No: AB
2694
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 2694 Author: Committee on Governmental Organization
As Amended: April 12, 2012
Hearing Date: June 26, 2012
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 2694 is the annual committee bill that makes
non-controversial and code maintenance changes to the
Alcoholic Beverage Control (ABC) Act.
EXISTING LAW
Existing law establishes the Department of ABC and grants
it exclusive authority to administer the provisions of the
ABC Act in accordance with laws enacted by the Legislature.
This involves licensing individuals and businesses
associated with the manufacture, importation and sale of
alcoholic beverages in this state and the collection of
license fees for this purpose.
BACKGROUND
This measure makes technical and non-controversial changes
to the ABC Act that have been requested by the department.
Specifically, AB 2694 makes the following changes to three
existing provisions of the ABC Act:
1.Existing law (Business and Professions Code Section
23355) specifies that an ABC license authorizes the
person to whom it is issued, and no other person at the
premises for which the license was issued, the rights and
AB 2694 (Committee on Governmental Organization) continued
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privileges specified in Article 2 of Chapter 3 of the ABC
Act. Not all ABC licenses are listed in Article 2, thus
the proposed change in this provision of law would
replace "article" with "division" so that all licenses
are captured.
2.Existing law (Business and Professions Code Section
23393.5) establishes a limited off-sale retail wine
license and specifies that all fee revenue shall be
deposited into the "Alcoholic" Beverage Control Fund
pursuant to Section 25761. The proposed change in this
provision of law would correctly name the "Alcohol"
Beverage Control Fund.
3.Existing law (Business and Professions Code Section
23958.4) specifies that the number of retail licenses in
a county shall be determined by the most recent yearly
retail license count published by ABC in its Procedure
Manual. The proposed change in this provision of law
would delete reference to ABC's "Procedure Manual" since
it's an internal management document and instead would
provide that the number of retail licenses in the county
shall be "established by the department on an annual
basis."
PRIOR/RELATED LEGISLATION
SB 937 (Governmental Organization Committee) 2011-12
Session. Would make non-controversial and code maintenance
changes to the ABC Act, as specified. (Pending in Assembly
Appropriations Committee)
SB 1480 (Governmental Organization Committee) Chapter 296,
Statutes of 2010. Made minor, technical, and clarifying
changes to existing provisions of the ABC Act in order to
reduce the department's paperwork requirements.
SB 825 (Governmental Organization Committee) Chapter 68,
Statutes of 2009. Made various technical, clarifying and
non-substantive changes to the ABC Act.
SUPPORT: None on file as of June 22, 2012.
OPPOSE: None on file as of June 22, 2012.
FISCAL COMMITTEE: Senate Appropriations Committee
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