Bill Text: CA AB3139 | 2019-2020 | Regular Session | Introduced

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

---

Bill Title: Alcoholic beverages: licensees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 175, Statutes of 2020. [AB3139 Detail]

Download: California-2019-AB3139-Introduced.html

---

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3139

---

Introduced by Assembly Member Gray

February 21, 2020

---

An act to amend Section 24081 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 3139, as introduced, Gray. Alcoholic beverages: licensees.

The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law provides that a licensee whose licensed premises were destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on his or her business for a period of up to 180 days or six months, as applicable, at a location within 500 feet of the licensed premises while the destroyed premises are being repaired or rebuilt.

This bill would revise these provisions to authorize a licensee to carry on its business at a substitute location, within 1,000 feet of the destroyed premises for a period of up to 180 days. The bill would authorize the Director of Alcoholic Beverage Control to extend that time period, as provided.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

---

Bill Text

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

SECTION 1.

 Section 24081 of the Business and Professions Code is amended to read:

24081.

 (a) Notwithstanding any other provision of law in this division including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which a license, other than an off-sale license, has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee may carry on his or her the business for a period of not more than 180 days at a location within 500 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and he or she the licensee shall be entitled to carry on his or her the licensee’s business under his or her the existing license upon the former premises when they have been repaired or rebuilt.

(b) Notwithstanding any other provision of law in this division, including, but not limited to, requirements relating to the issuance or transfer of a license, any licensee whose premises, for which an off-sale license has been issued, have been destroyed as a result of fire or any act of God or other force beyond the control of the licensee, may carry on his or her the business for a period of not more than six months 180 days at a location within 500 1,000 feet of the premises for which the license was issued and while the premises are being repaired or rebuilt and he or she the licensee shall be entitled to carry on his or her the licensee’s business under his or her the existing license upon the former premises when they have been repaired or rebuilt.

(c) The director, in his or her discretion, may extend the 180-day period described in subdivisions (a) and (b) by 60 days.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to protect businesses affected by fires, natural disasters, or other forces beyond control of the business owner, it is necessary that this act take effect immediately.