BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2694|
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                                    CONSENT


          Bill No:  AB 2694
          Author:   Assembly Governmental Organization Committee
          Amended:  4/12/12 in Assembly
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  13-0, 6/26/12
          AYES:  Wright, Anderson, Berryhill, Calderon, Cannella, 
            Corbett, De Le�n, Evans, Hernandez, Padilla, Walters, 
            Wyland, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  73-0, 5/10/12 - See last page for vote


           SUBJECT  :    Alcoholic beverages

           SOURCE  :     Author


           DIGEST  :    This bill makes various changes to the Alcoholic 
          Beverage Control Act (Act).   This bill (1) provides that a 
          Department of Alcoholic Beverage Control (ABC) license, as 
          defined in statute, authorizes the license holder to 
          exercise the rights and privileges as specified in the Act, 
          and (2) makes technical and conforming changes within the 
          Act.

          ANALYSIS  :    

           Existing law  :

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                                                               AB 2694
                                                                Page 
          2

          1.Establishes ABC and grants it the exclusive authority to 
            administer the provisions of the Act in accordance with 
            laws enacted by the Legislature.  

          2.Provides that ABC is responsible for licensing 
            individuals and businesses associated with the 
            manufacture, importation sale of alcoholic beverages in 
            this state and the collection of license fees or 
            occupation taxes for this purpose.  

          3.Provides that licenses provided for in a specified 
            article within the Act authorize the license holder to 
            exercise the rights and privileges specified in that 
            article.  

           Comments  

          This bill represents the annual Assembly Governmental 
          Organization Committee bill which makes technical, 
          clarifying, conforming, and non-controversial changes to 
          the Alcoholic Beverage Control Act.   The language 
          contained in this proposal was put forth by the ABC.   This 
          bill amends Business and Professions Code Section 23355 to 
          specify that an ABC license authorizes the person to whom 
          it is issued the rights and privileges specified in the ABC 
          Act as not all ABC licenses are listed in Article 2 of 
          Chapter 3.   Replacing "article" with "division" will 
          appropriately capture all licenses.  For example, the 
          instructional tasting license is not listed in Article 2 of 
          Chapter 3 of the ABC Act.  

          Additionally, the bill deletes reference to ABC's 
          "Procedure Manual" from current law.  ABC maintains that 
          the Procedure Manual should not be specified in statute as 
          it is an internal management document.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No



           ASSEMBLY FLOOR  :  73-0, 5/10/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 

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                                                               AB 2694
                                                                Page 
          3

            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, 
            Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Pan, Perea, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A.  P�rez
          NO VOTE RECORDED:  Cook, Fletcher, Furutani, Jeffries, 
            Norby, Olsen, V.  Manuel P�rez


          DLW:d  8/7/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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