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California Assembly Bill AB1217

California 2017-2018 Regular Session

California Assembly Bill AB1217 Compare Versions

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1-Assembly Bill No. 1217 CHAPTER 474 An act to amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages. [ Approved by Governor September 18, 2018. Filed with Secretary of State September 18, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1217, Santiago. Alcoholic beverage licenses: historic cemetery.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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23039 of the Business and Professions Code is amended to read:23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.SEC. 2. Section 24045.76 is added to the Business and Professions Code, to read:24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
1+Enrolled August 31, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 06, 2018 Amended IN Senate July 02, 2018 Amended IN Senate June 13, 2018 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Senate July 19, 2017 Amended IN Senate July 06, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1217Introduced by Assembly Member SantiagoFebruary 17, 2017 An act to amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1217, Santiago. Alcoholic beverage licenses: historic cemetery.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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.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: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23039 of the Business and Professions Code is amended to read:23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.SEC. 2. Section 24045.76 is added to the Business and Professions Code, to read:24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
22
3- Assembly Bill No. 1217 CHAPTER 474 An act to amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages. [ Approved by Governor September 18, 2018. Filed with Secretary of State September 18, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1217, Santiago. Alcoholic beverage licenses: historic cemetery.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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.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: YES
3+ Enrolled August 31, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 06, 2018 Amended IN Senate July 02, 2018 Amended IN Senate June 13, 2018 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Senate July 19, 2017 Amended IN Senate July 06, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1217Introduced by Assembly Member SantiagoFebruary 17, 2017 An act to amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1217, Santiago. Alcoholic beverage licenses: historic cemetery.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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.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: YES
4+
5+ Enrolled August 31, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 29, 2018 Amended IN Senate August 06, 2018 Amended IN Senate July 02, 2018 Amended IN Senate June 13, 2018 Amended IN Senate September 08, 2017 Amended IN Senate September 01, 2017 Amended IN Senate July 19, 2017 Amended IN Senate July 06, 2017 Amended IN Assembly May 26, 2017 Amended IN Assembly April 18, 2017 Amended IN Assembly March 28, 2017 Amended IN Assembly March 21, 2017
6+
7+Enrolled August 31, 2018
8+Passed IN Senate August 13, 2018
9+Passed IN Assembly August 29, 2018
10+Amended IN Senate August 06, 2018
11+Amended IN Senate July 02, 2018
12+Amended IN Senate June 13, 2018
13+Amended IN Senate September 08, 2017
14+Amended IN Senate September 01, 2017
15+Amended IN Senate July 19, 2017
16+Amended IN Senate July 06, 2017
17+Amended IN Assembly May 26, 2017
18+Amended IN Assembly April 18, 2017
19+Amended IN Assembly March 28, 2017
20+Amended IN Assembly March 21, 2017
21+
22+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
423
524 Assembly Bill No. 1217
6-CHAPTER 474
25+
26+Introduced by Assembly Member SantiagoFebruary 17, 2017
27+
28+Introduced by Assembly Member Santiago
29+February 17, 2017
730
831 An act to amend Section 23039 of, and to add Section 24045.76 to, the Business and Professions Code, relating to alcoholic beverages.
9-
10- [ Approved by Governor September 18, 2018. Filed with Secretary of State September 18, 2018. ]
1132
1233 LEGISLATIVE COUNSEL'S DIGEST
1334
1435 ## LEGISLATIVE COUNSEL'S DIGEST
1536
1637 AB 1217, Santiago. Alcoholic beverage licenses: historic cemetery.
1738
1839 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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.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.
1940
2041 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 establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law authorizes the department to issue various special on-sale licenses, including to nonprofit theater companies and symphony associations. Certain violations of the Alcoholic Beverage Control Act are crimes.
2142
2243 This bill would authorize the department to issue a special on-sale general license to the operator of a for-profit cemetery with specified characteristics, including that it be more than 100 years old, be located in, and designated a Historic-Cultural Monument by, the City of Los Angeles, and have an endowment care fund and a memorial care fund that are exempt from the payment of income taxes, as specified. The bill would prescribe requirements for issuing the license and the provision of beverages pursuant to it. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would also make conforming and technical changes.
2344
2445 This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.
2546
2647 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.
2748
2849 This bill would provide that no reimbursement is required by this act for a specified reason.
2950
3051 ## Digest Key
3152
3253 ## Bill Text
3354
3455 The people of the State of California do enact as follows:SECTION 1. Section 23039 of the Business and Professions Code is amended to read:23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.SEC. 2. Section 24045.76 is added to the Business and Professions Code, to read:24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
3556
3657 The people of the State of California do enact as follows:
3758
3859 ## The people of the State of California do enact as follows:
3960
4061 SECTION 1. Section 23039 of the Business and Professions Code is amended to read:23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.
4162
4263 SECTION 1. Section 23039 of the Business and Professions Code is amended to read:
4364
4465 ### SECTION 1.
4566
4667 23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.
4768
4869 23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.
4970
5071 23039. (a) Public premises means:(1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.(2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.(b) Public premises does not include any of the following:(1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.(2) Historic units of the state park system.(3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.(4) Nonprofit theater companies licensed pursuant to Section 24045.7.(5) Theaters licensed pursuant to Section 24045.75.(6) Cemeteries licensed pursuant to Section 24045.76.(7) Winegrowers premises.
5172
5273
5374
5475 23039. (a) Public premises means:
5576
5677 (1) Premises licensed with any type of license other than an on-sale beer license, and maintained and operated for the selling or serving of alcoholic beverages to the public for consumption on the premises, and in which food shall not be sold or served to the public as in a bona fide public eating place, but upon which premises food products may be sold or served incidentally to the sale or service of alcoholic beverages, in accordance with rules prescribed by the department.
5778
5879 (2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the public as in a bona fide public eating place, and in which sandwiches, salads, desserts, and similar short orders shall not be sold and served, in accordance with rules prescribed by the department.
5980
6081 (b) Public premises does not include any of the following:
6182
6283 (1) Railroad dining or club cars, passenger ships, airplanes, or bona fide clubs after the clubs have been lawfully operated for not less than one year.
6384
6485 (2) Historic units of the state park system.
6586
6687 (3) Premises being operated under a temporary on-sale beer license other than permitted pursuant to Section 24045.5, or on-sale beer licensed stadia, auditoria, fairgrounds, or racetracks.
6788
6889 (4) Nonprofit theater companies licensed pursuant to Section 24045.7.
6990
7091 (5) Theaters licensed pursuant to Section 24045.75.
7192
7293 (6) Cemeteries licensed pursuant to Section 24045.76.
7394
7495 (7) Winegrowers premises.
7596
7697 SEC. 2. Section 24045.76 is added to the Business and Professions Code, to read:24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.
7798
7899 SEC. 2. Section 24045.76 is added to the Business and Professions Code, to read:
79100
80101 ### SEC. 2.
81102
82103 24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.
83104
84105 24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.
85106
86107 24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.(b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.(c) 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 cemetery are canceled.(d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.(2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.
87108
88109
89110
90111 24045.76. (a) The department may issue a special on-sale general license to the operator of any for-profit cemetery that is more than 100 years old, on the National Register of Historic Places, is located in, and designated an Historic-Cultural Monument by, the City of Los Angeles, and holds both an endowment care fund and a memorial care fund that are exempt from the payment of income taxes under Section 501(c)(13) of the Internal Revenue Code.
91112
92113 (b) The special on-sale general license shall permit sales, service, and consumption of beer, wine, and distilled spirits on the licensed premises. Any special on-sale general license issued pursuant to this section shall not be subject to the limitations provided by Section 23816 and shall not be required to be operated as a bona fide public eating place.
93114
94115 (c) 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 cemetery are canceled.
95116
96117 (d) (1) The fee for the original special on-sale general license shall be the same as that specified in Section 23954.5 for an original on-sale general license.
97118
98119 (2) The annual license fee for the special on-sale general license shall be the same of that for an on-sale general license.
99120
100121 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.
101122
102123 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.
103124
104125 SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique nature of the cemetery as promoting the long-term preservation of the premises as a hub of social, cultural, and community activity in the City of Los Angeles.
105126
106127 ### SEC. 3.
107128
108129 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
109130
110131 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
111132
112133 SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
113134
114135 ### SEC. 4.