Bill Text: CA AB2459 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverage licenses: Counties of Mariposa and Napa.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2020-09-09 - Chaptered by Secretary of State - Chapter 53, Statutes of 2020. [AB2459 Detail]

Download: California-2019-AB2459-Amended.html

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Amended  IN  Assembly  May 18, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2459

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Introduced by Assembly Member Bigelow
(Coauthor: Senator Borgeas)

February 19, 2020

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An act to add Section 23826.15 to the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

AB 2459, as amended, Bigelow. Alcoholic beverage licenses: County of Mariposa

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law generally prescribes the number of on-sale general licenses that the department may issue based on the population of the county in which the licensed premises are located, as provided. Existing law supplements these licenses by authorizing the department to issue additional on-sale general licenses in specified counties to bona fide public eating places based on seating capacity.

This bill would authorize the department to issue up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of Mariposa that have a seating capacity for 50 or more diners. diners, not to exceed 5 per year. The bill would authorize the Board of Supervisors of the County of Mariposa to determine the number of licenses to be issued under this section in a given year, as provided. The bill would specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit transferring the new licenses out of the county or to a premises that does not qualify under these provisions.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Mariposa.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 23826.15 is added to the Business and Professions Code, to read:

23826.15.

 (a) Notwithstanding any other provision of this chapter, in the County of Mariposa, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.

(b) The Board of Supervisors of the County of Mariposa, by resolution, may specify the maximum number of licenses to be issued under this section in any year. year, not to exceed five. Such a resolution shall be effective for one year and shall be adopted and submitted to the department no later than July 1 of the year to which the resolution applies. The department shall not issue more than five licenses under this section in excess of the maximum number specified by the resolution. per year. In the event that the board of supervisors fails to submit a resolution under this subdivision by July 1 of any year, the department may issue any licenses that have not been issued under this section during that year.

(c) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.

(d) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.

(e) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Mariposa.