Bill Text: CA AB61 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
Senate
June 23, 2021 |
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
May 03, 2021 |
Amended
IN
Assembly
April 14, 2021 |
Amended
IN
Assembly
February 16, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 61
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 |
An act to add and repeal Section 25750.5 to of the Business and Professions Code, to add and repeal Section 65907 of the Government Code, and to amend Section 114067 of the Health and Safety Code, relating to business pandemic relief.
LEGISLATIVE COUNSEL'S DIGEST
AB 61, as amended, Gabriel.
Business pandemic relief.
(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the
Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, has established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges.
This bill would authorize the department, 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, to 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, as specified. The bill would also authorize the department to extend the period of time during which the COVID-19 permit is valid beyond 365 days if
the licensee has filed a pending application with the department for the permanent expansion of their premises before the 365-day time period expires. The bill would make these provisions effective only until July 1, 2024, and repeal them as of that date.
(2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance.
This bill would, until January 1, 2024, require 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, to approve or reject the application ministerially, without any discretionary review. Because the bill would require local officials to perform additional duties, the bill would impose a state-mandated local program.
(3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, prior to conducting satellite food service, to submit to the enforcement agency written operating standards.
This bill would, for a period of one
year after the end of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19 pandemic, authorize a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. This bill would require the written operating procedures to be maintained onsite for review, upon request, by the local jurisdiction.
(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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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. The department may extend the period of time during which the COVID-19 permit is valid beyond 365 days if the licensee has filed a pending application with the department for the permanent expansion of their premises before the 365-day time period expires.(b) The COVID-19 Temporary Catering Permit approved by the department shall be subject to those terms and conditions established by the department and as stated in the Fourth Notice of Regulatory Relief and the related application form.
(c) Notwithstanding any other provision of law, if the department determines that any
licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.
(d)This section shall become inoperative 365 days after the state of emergency declared by the Governor on March 4, 2020, in response to the COVID-19 pandemic, ends.
Notwithstanding any other provision of law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensee’s actions jeopardize
public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.
(d) This section shall remain in effect only until July 1, 2024, and as of that date is repealed.
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.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.
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.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.
(c) Prior to conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:
(1) All food products that will be handled and
dispensed.
(2) The proposed procedures and methods of food preparation and handling.
(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.
(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.
(5) How potentially hazardous foods will be maintained in accordance with Section 113996.
(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.
(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.
(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.
(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.
(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:
(1) A fully
enclosed satellite food service operation.
(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.
(3) A fully enclosed permanent food facility.
(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.
(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food
service shall be the same.
(k) (1) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction.
(2) This subdivision shall remain operative for a period of one year following the end, pursuant to Section 8629 of the Government Code, of the state of emergency proclaimed by the Governor on March 4, 2020, related to the COVID-19
pandemic.