California Assembly Bill AB1189 Amended / Bill

 BILL NUMBER: AB 1189AMENDED BILL TEXT AMENDED IN ASSEMBLY SEPTEMBER 11, 2015 AMENDED IN ASSEMBLY APRIL 6, 2015 INTRODUCED BY Assembly Member Bigelow FEBRUARY 27, 2015 An act to amend Section  23055   24045.75  of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGEST AB 1189, as amended, Bigelow. Department of Alcoholic Beverage Control  : report.   : special on-sale general license: for-profit theater.  Under existing law, the Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control through the Director of Alcoholic Beverage Control.  Existing law requires the director to make an annual report to the Legislature on the department's activities, on or before March 1 of each year.   Existing law authorizes the department to issue a special on-sale general license to the operator of any for-profit theater located within the City and County of San Francisco, as specified. Existing law prohibits that special on-sale general license from being issued until any existing licenses issued by the department to the operator for the premises of the for-profit theater are canceled.   This bill would instead require the director to make that report by November 1 of each even calendar year.   This bill would delete that prohibition.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 24045.75 of the   Business and Professions Code   is amended to read:  24045.75. (a)  (1)    The department may issue a special on-sale general license to the operator of any for-profit theater located within the City and County of San Francisco, configured with theatrical seating of at least 1,000 seats and primarily devoted to live theatrical performances.  (2) A special on-sale general license described by this section shall not be issued until any existing licenses issued by the department to the operator for the premises of the for-profit theater are canceled.  (b) The special on-sale general license shall permit sales, service, and consumption of alcoholic beverages in the lobbies and seating areas of the theater for the period beginning two consecutive hours prior to a live theatrical performance and ending one hour after the live theatrical performance is completed, subject to Section 25631. Any special on-sale general license issued pursuant to this section shall be subject to the limitations provided by Section 23816, but shall not be required to be operated as a bona fide public eating place. The theater further shall not be subject to the provisions of Section 23793. (c) For purposes of this section, "for-profit theater" shall not include an adult or sexually oriented business, as defined in Section 318.5 of the Penal Code.  SECTION 1.   Section 23055 of the Business and Professions Code is amended to read: 23055. (a) On or before November 1 of each even calendar year, the director shall prepare and submit to the Legislature a report on the department's activities and post the report on the department's Internet Web site. The report shall include, but not be limited to, the following information for relevant fiscal years: (1) The amount of funds allocated and spent by the department for licensing, enforcement, and administration. (2) The number of licenses issued, renewed, denied, suspended, and revoked, by license category. (3) The average time for processing license applications, by license category. (4) The number and type of enforcement activities conducted by the department and by local law enforcement agencies in conjunction with the department. (5) The number, type, and amount of penalties, fines, and other disciplinary actions taken by the department. (b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.