Bill Text: CA AB61 | 2021-2022 | Regular Session | Amended
Bill Title: Business pandemic relief.
Spectrum: Slight Partisan Bill (Democrat 16-6)
Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 651, Statutes of 2021. [AB61 Detail]
Download: California-2021-AB61-Amended.html
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
May 03, 2021 |
Amended
IN
Assembly
April 14, 2021 |
Amended
IN
Assembly
February 16, 2021 |
Introduced by Assembly Members Gabriel and Gipson (Principal coauthor: Senator Hertzberg) (Coauthors: Assembly Members Aguiar-Curry, Burke, Carrillo, Chiu, Cooper, Cunningham, Daly, Davies, Flora, Eduardo Garcia, Nazarian, Blanca Rubio, Smith, and Valladares) (Coauthors: Senators Allen, Bates, Gonzalez, and Rubio) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would authorize the department to issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a restaurant licensed
under the act. The bill would require delivery by a third-party delivery licensee to be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off sale and deliver those alcoholic beverages to consumers. 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.
(4)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 with regard to the mandates imposed by this bill no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
The department may issue a third-party delivery license to a third-party delivery service for delivery to a consumer of alcoholic beverages from a restaurant licensed
under this division. Except as provided in this article, delivery by a licensee under this article shall be consistent with deliveries by licensees who are permitted by license privileges or by regulatory relief adopted by the department to sell off sale and deliver those alcoholic beverages to consumers.
SEC. 2.SECTION 1.
Section 25750.5 is added to the Business and Professions Code, to read:25750.5.
(a) For a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, the Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Permit approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.SEC. 3.SEC. 2.
Section 65907 is added to the Government Code, to read:65907.
(a) Commencing January 1, 2022, a city, county, or city and county, that receives an application for a parking zone variance or conditional use permit in connection with the outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining, shall approve or reject the application ministerially, without any discretionary review.SEC. 4.SEC. 3.
Section 114067 of the Health and Safety Code is amended to read:114067.
(a) Satellite food service is restricted to limited food preparation.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because 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.