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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 352Introduced by Senator DoddFebruary 19, 2019 An act to add Section 23828 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 352, as introduced, Dodd. Alcoholic beverage licensees: on-sale general licenses for bona fide eating places.The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The 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 on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 352Introduced by Senator DoddFebruary 19, 2019 An act to add Section 23828 to the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTSB 352, as introduced, Dodd. Alcoholic beverage licensees: on-sale general licenses for bona fide eating places.The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The 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 on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Senate May 17, 2019 | |
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| 7 | - | Amended IN Senate May 17, 2019 | |
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| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
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| 11 | 11 | Senate Bill No. 352 | |
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| 13 | 13 | Introduced by Senator DoddFebruary 19, 2019 | |
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| 15 | 15 | Introduced by Senator Dodd | |
| 16 | 16 | February 19, 2019 | |
| 17 | 17 | ||
| 18 | 18 | An act to add Section 23828 to the Business and Professions Code, relating to alcoholic beverages. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | SB 352, as | |
| 24 | + | SB 352, as introduced, Dodd. Alcoholic beverage licensees: on-sale general licenses for bona fide eating places. | |
| 25 | 25 | ||
| 26 | 26 | The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The 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 on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions. | |
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| 28 | 28 | The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The 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. | |
| 29 | 29 | ||
| 30 | 30 | 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 on on-sale general licenses, and in each calendar year thereafter, subject to specified provisions. | |
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| 32 | 32 | ## Digest Key | |
| 33 | 33 | ||
| 34 | 34 | ## Bill Text | |
| 35 | 35 | ||
| 36 | - | 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, 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, and in each calendar year thereafter | |
| 36 | + | 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 38 | 38 | The people of the State of California do enact as follows: | |
| 39 | 39 | ||
| 40 | 40 | ## The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | - | 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, 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, and in each calendar year thereafter | |
| 42 | + | 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 44 | 44 | SECTION 1. Section 23828 is added to the Business and Professions Code, to read: | |
| 45 | 45 | ||
| 46 | 46 | ### SECTION 1. | |
| 47 | 47 | ||
| 48 | - | 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, 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, and in each calendar year thereafter | |
| 48 | + | 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 50 | - | 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, 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, and in each calendar year thereafter | |
| 50 | + | 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 52 | - | 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, 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, and in each calendar year thereafter | |
| 52 | + | 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, 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, and in each calendar year thereafter.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. (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) A license issued under this section shall not be transferred from one county to another. (e) 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.(f) 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. | |
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| 54 | 54 | ||
| 55 | 55 | ||
| 56 | - | 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, 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, and in each calendar year thereafter. | |
| 56 | + | 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, 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, and in each calendar year thereafter. | |
| 57 | 57 | ||
| 58 | 58 | (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. | |
| 59 | 59 | ||
| 60 | 60 | (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. | |
| 61 | 61 | ||
| 62 | 62 | (d) A license issued under this section shall not be transferred from one county to another. | |
| 63 | 63 | ||
| 64 | 64 | (e) 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. | |
| 65 | 65 | ||
| 66 | 66 | (f) 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. |