BILL ANALYSIS �
Bill No: SB
738
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
SB 738 Author: Evans
As Amended: March 24, 2011
Hearing Date: April 26, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
SB 738 extends the due date of the Department of Alcoholic
Beverage Control's (ABC) annual report to the Legislature
from March 1 of each year to April 1 of each year.
EXISTING LAW
Existing law establishes the Department of Alcoholic
Beverage Control (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 or occupation taxes for
this purpose.
Existing law requires the Department of ABC to make an
annual report to the Legislature on the department's
activities, on or before March 1 of each year.
BACKGROUND
Existing law requires the Director of ABC, on or before
March 1 of each year, to submit to the Legislature an
annual report on the department's activities. The law
provides that the report must include, but not be limited
SB 738 (Evans) continued
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to, the following information for the previous calendar
year: (a) the amount of funds allocated and spent by ABC
for licensing, enforcement, and administration; (b) the
number of licenses issued, renewed, denied, suspended and
revoked; (c) the average time for processing license
applications; (d) the number and type of enforcement
activities; and, (e) the number, type, and amount of
penalties, fines, and other disciplinary actions.
This measure would simply extend the due date of the
above-referenced report from March 1 of each year to April
1 of each year.
Staff Comments - technical drafting error: As this measure
moves through the legislative process, staff recommends
that the author amend it to delete provision (f) of Section
23055 of the Business & Professions Code (page 2, lines
10-12). SB 1480 (Committee on Governmental Organization)
of 2010, Chapter 296, deleted the requirement that the
Director of ABC include recommendations for legislation in
the annual ABC report to the Legislature.
PRIOR/RELATED LEGISLATION
AB 749 (Hall) 2011-12 Session. Would change the period
covered by the Department of ABC's annual report to the
Legislature from a "calendar" year time period to "fiscal"
year. (Pending on Assembly floor)
AB 1419 (Committee on Governmental Organization) 2011-12
Session. Would change the due date on the Department of
ABC's annual report to the Legislature from March 1 of each
year to March 31. (Pending in Assembly policy committee)
SB 1480 (Committee on Governmental Organization) Chapter
296, Statutes of 2010. Among other things, deleted the
requirement that the Director of ABC include
recommendations for legislation in the annual ABC report to
the Legislature.
SUPPORT: California Beer and Beverage Distributors
OPPOSE: None on file as of April 22, 2011.
FISCAL COMMITTEE: No.
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