Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 475

Introduced by Assembly Member Kiley

February 12, 2019

An act to add Section 23396.4 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 475, as amended, Kiley. Alcoholic beverage licenses: on-sale beer and wine paint and sip license.
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 for various annual fees for the issuance of alcoholic beverage licenses, depending upon the type of license issued.
This bill would authorize the department to issue an on-sale beer and wine paint and sip license to a person that has premises for the primary purpose of art events or art classes that are scheduled in a bona fide manner for a fee, subject to specified conditions. The bill would impose an original fee and an annual renewal fee for the license, which would be deposited in the Alcohol Beverage Control Fund. Because the violation of a provision of a license is punishable as a misdemeanor and the bill would create a new category of license, the bill would expand the definition of a crime, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 23396.4 is added to the Business and Professions Code, to read:

23396.4.
 (a) (1) The department may issue an on-sale beer and wine paint and sip license to a person that has premises for the primary purpose of art events or art classes that are scheduled in a bona fide manner for a fee. The on-sale beer and wine paint and sip license authorizes the licensee to sell and serve alcoholic beverages to consumers on the licensed premises when persons under 21 years of age are not present.
(2) Persons under 21 years of age are allowed on the licensed premises during periods in which alcoholic beverages are not being sold, served, or consumed.
(3) The on-sale beer and wine paint and sip license does not require food service by the licensee for the sale, service, or consumption of beer or wine.
(4) An on-sale beer and wine paint and sip license does not authorize off-sale beer and wine transactions.

(b)(1)The fee for an original on-sale beer and wine paint and sip license issued pursuant to this section shall be three hundred dollars ($300) and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320.

(2)The annual license fee for an on-sale beer and wine paint and sip license shall be two hundred sixty-one dollars ($261) and shall be adjusted pursuant to subdivisions (b) and (c) of Section 23320.

(5) Beer and wine may only be sold and served to, and consumed by, participants during a previously scheduled art class, and for no more than one hour before and one hour following the class.
(b) (1) The original and annual fees shall be the same as those imposed upon an on-sale beer and wine license.

(3)

(2) All moneys collected as fees pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.