Amended  IN  Assembly  June 28, 2022
Amended  IN  Assembly  June 06, 2022
Amended  IN  Senate  March 25, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 298

Introduced by Senator Dodd

February 03, 2021

An act to add Sections 23828 and 24072.3 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


SB 298, as amended, Dodd. On-sale general licenses: Brewpub-restaurant licenses: bona fide public eating place license.
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 prescribes a schedule of application and other fees for different license types and distinguishes between new licenses and duplicate licenses. Existing law authorizes the exchange of specified licenses, subject to the approval of the department, payment of a $100 exchange fee, and compliance with all other relevant provisions of the act.
This bill would authorize any person that has a brewpub-restaurant license to exchange that license for a bona fide public eating place license subject to the approval of the department, payment of a $100 exchange fee, compliance with other relevant provisions of the act relating to the issuance of an original license, and the payment of the fee required for a new permanent license for an on-sale general eating place. The bill would specify that these provisions apply only to a person that has held a brewpub-restaurant license as of December 31, 2019. The bill would authorize the department to adjust the fee required for the exchange of the license, as specified. The bill would authorize the department to designate a license issued pursuant to these provisions as an on-sale general license for special use, as specified. The bill would prohibit a license issued pursuant to these provisions from being sold or transferred for an amount greater than a specified price.
The Alcoholic Beverage Control Act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided.
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 first calendar year following the year in which the county reaches the limit of on-sale general licenses, but no more than 4 additional licenses per year, subject to specified provisions. The bill would authorize the board of supervisors of a county to specify the maximum number of licenses to be issued under this section in a given year, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 23828 is added to the Business and Professions Code, to read:

23828.
 (a) Notwithstanding any other provision of this chapter, in any county that has reached its limit of on-sale general licenses for bona fide public eating places, as determined pursuant to this chapter, the department may issue up to 10 additional new original on-sale general licenses for bona fide public eating places in the first calendar year following the year the limit is reached.
(b) A county board of supervisors, by resolution, may specify the maximum number of licenses to be issued under this section in any year, not to exceed 10. four. The 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 10 four licenses under this section 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 shall not issue any licenses that have not been issued would have otherwise been available for issuance under this section during that year.
(c) Nothing in this chapter shall prohibit a person who currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section.
(d) The department may designate licenses issued pursuant to this section as on-sale general for special use. A designation pursuant to this subdivision shall not alter any license privileges or restrictions established by this section.
(e) A license issued under this section shall not be transferred from one county to another.
(f) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.
(g) In issuing the licenses provided for in this section, the department shall follow the procedures set forth in Section 23961.
(h) Following the cancellation or revocation of a license issued under this section, the department shall issue one additional license following the procedures set forth in Section 23961 and this section.

SEC. 2.

 Section 24072.3 is added to the Business and Professions Code, to read:

24072.3.
 (a) (1) Any person that has a brewpub-restaurant license may exchange that license for a bona fide public eating place license, as defined in Section 23038. The exchange may be made at any time upon the approval of the department, the payment of an exchange fee of one hundred dollars ($100), and compliance with the provisions of this division relating to the issuance of an original license.
(2) This section shall only apply to a person that has held a brewpub-restaurant license as of December 31, 2019.
(b) (1) The fee established in subdivision (a) may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.
(2) A person that exchanges a license pursuant to this section shall be required to pay the fee required for a new permanent license as set forth in Section 23320 for an on-sale general eating place.
(3) All money collected from the fee provided for in this section shall be deposited directly in the Alcohol Beverage Control Fund as provided in Section 25761.
(c) (1) The department may designate a license issued pursuant to this section as an on-sale general license for special use. A designation pursuant to this subdivision shall not alter any license privileges or restrictions otherwise established by this section.
(2) An on-sale general license for special use issued pursuant this section shall be excluded from the number of on-sale general licenses available under Sections 23816 and 23821.
(d) A license issued pursuant to this section shall not be sold or transferred for a price greater than the fee paid by the seller or transferor under paragraph (2) of subdivision (b).
(e) For purposes of this section, “brewpub-restaurant license” means a license described in Section 23396.3.