California 2021 2021-2022 Regular Session

California Assembly Bill AB1275 Amended / Bill

Filed 03/18/2021

                    Amended IN  Assembly  March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1275Introduced by Assembly Member Jones-SawyerFebruary 19, 2021An act to amend Section 33080 of the Education Code, relating to state educational agencies. An act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1275, as amended, Jones-Sawyer. State educational agencies: purpose. Alcoholic beverage control: minors.Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25666 of the Business and Professions Code is amended to read:25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.SECTION 1.Section 33080 of the Education Code is amended to read:33080.Each child is a unique person, with unique needs, and the purpose of the educational system of the state is to enable each child to develop all of their own potential.

 Amended IN  Assembly  March 18, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1275Introduced by Assembly Member Jones-SawyerFebruary 19, 2021An act to amend Section 33080 of the Education Code, relating to state educational agencies. An act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1275, as amended, Jones-Sawyer. State educational agencies: purpose. Alcoholic beverage control: minors.Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 18, 2021

Amended IN  Assembly  March 18, 2021

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1275

Introduced by Assembly Member Jones-SawyerFebruary 19, 2021

Introduced by Assembly Member Jones-Sawyer
February 19, 2021

An act to amend Section 33080 of the Education Code, relating to state educational agencies. An act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1275, as amended, Jones-Sawyer. State educational agencies: purpose. Alcoholic beverage control: minors.

Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.This bill would make nonsubstantive changes to this provision.

Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.

This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.

Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.



This bill would make nonsubstantive changes to this provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 25666 of the Business and Professions Code is amended to read:25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.SECTION 1.Section 33080 of the Education Code is amended to read:33080.Each child is a unique person, with unique needs, and the purpose of the educational system of the state is to enable each child to develop all of their own potential.

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 25666 of the Business and Professions Code is amended to read:25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.

SECTION 1. Section 25666 of the Business and Professions Code is amended to read:

### SECTION 1.

25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.

25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.

25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.



25666. (a) In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.

(b) (1) Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.

(2) This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.

(c) For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.





Each child is a unique person, with unique needs, and the purpose of the educational system of the state is to enable each child to develop all of their own potential.