California 2019 2019-2020 Regular Session

California Assembly Bill AB2085 Introduced / Bill

Filed 02/05/2020

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2085Introduced by Assembly Member CunninghamFebruary 05, 2020 An act to amend Section 23399 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 2085, as introduced, Cunningham. Alcoholic beverages: catering and event permits: Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law authorizes the holder of specified licenses, including on-sale general licenses and club licenses, to apply for catering permits and event permits. Approval of these authorizations is conditioned upon receiving event approval from an appropriate local law enforcement agency and the payment of a daily fee. This bill would make nonsubstantive changes in these provisions. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23399 of the Business and Professions Code is amended to read:23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2085Introduced by Assembly Member CunninghamFebruary 05, 2020 An act to amend Section 23399 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 2085, as introduced, Cunningham. Alcoholic beverages: catering and event permits: Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law authorizes the holder of specified licenses, including on-sale general licenses and club licenses, to apply for catering permits and event permits. Approval of these authorizations is conditioned upon receiving event approval from an appropriate local law enforcement agency and the payment of a daily fee. This bill would make nonsubstantive changes in these provisions. Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2085

Introduced by Assembly Member CunninghamFebruary 05, 2020

Introduced by Assembly Member Cunningham
February 05, 2020

 An act to amend Section 23399 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2085, as introduced, Cunningham. Alcoholic beverages: catering and event permits: 

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law authorizes the holder of specified licenses, including on-sale general licenses and club licenses, to apply for catering permits and event permits. Approval of these authorizations is conditioned upon receiving event approval from an appropriate local law enforcement agency and the payment of a daily fee. This bill would make nonsubstantive changes in these provisions. 

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law authorizes the holder of specified licenses, including on-sale general licenses and club licenses, to apply for catering permits and event permits. Approval of these authorizations is conditioned upon receiving event approval from an appropriate local law enforcement agency and the payment of a daily fee. 

This bill would make nonsubstantive changes in these provisions. 

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 23399 of the Business and Professions Code is amended to read:23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.

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

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

SECTION 1. Section 23399 of the Business and Professions Code is amended to read:23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.

SECTION 1. Section 23399 of the Business and Professions Code is amended to read:

### SECTION 1.

23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.

23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.

23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.



23399. (a) An on-sale general license authorizes the sale of beer, wine, and distilled spirits for consumption on the premises where sold. Any licensee under an on-sale general license, an on-sale beer and wine license, a club license, or a veterans club license may apply to the department for a caterers permit. A caterers permit under an on-sale general license shall authorize the sale of beer, wine, and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under an on-sale beer and wine license shall authorize the sale of beer and wine for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events held any place in the state approved by the department. A caterers permit under a club license or a veterans club license shall authorize sales at these events only upon the licensed club premises.

(b) Any A licensee under an on-sale general license or an on-sale beer and wine license may apply to the department for an event permit. An event permit under an on-sale general license or an on-sale beer and wine license shall authorize, at events held no more frequently than four days in any single calendar year, the sale of beer, wine, and distilled spirits only under an on-sale general license or beer and wine only under an on-sale beer and wine license for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public.

(c) (1)  This This section shall in no way limit the power of the department to issue special licenses under the provisions of Section 24045 or to issue daily on-sale general licenses under the provisions of Section 24045.1. Consent for sales at each event shall be first obtained from the department in the form of a catering or event authorization issued pursuant to rules prescribed by it. Any event authorization shall be subject to approval by the appropriate local law enforcement agency. The daily fee for each catering or event authorization shall be based on the estimated attendance at each day of the event, as follows:

(A) One hundred dollars ($100) when anticipated attendance is less than 1,000 people.

(B) Three hundred twenty-five dollars ($325) when anticipated attendance is at least 1,000 people and less than 5,000 people.

(C) One thousand dollars ($1,000) when anticipated attendance is 5,000 people or more.

(2) All fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761.

(d) At all approved events, the licensee may exercise only those privileges authorized by the licensees license and shall comply with all provisions of the act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for suspension or revocation of the licensees license or permit, or both, as though the violation occurred on the licensed premises.

(e) The fee for a caterers permit for a licensee under an on-sale general license, a caterers permit for a licensee under an on-sale beer and wine license, or an event permit for a licensee under an on-sale general license or an on-sale beer and wine license shall be the annual fee as specified in subdivision (b) of Section 23320, and the fee for a caterers permit for a licensee under a club license or a veterans club license shall be as specified in Section 23320, and the permit may be renewable annually at the same time as the licensees license. A caterers or event permit shall be transferable as a part of the license.