California 2021-2022 Regular Session

California Assembly Bill AB1275 Compare Versions

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1		-	Assembly Bill No. ~~1275 CHAPTER 208An~~ act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages. ~~[ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1275, Jones-Sawyer. 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.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 25666 of the Business and Professions Code is amended to read:25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
	1	+	Enrolled September 01, 2021 Passed IN Senate August 30, 2021 Passed IN Assembly May 27, 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 25666 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1275, Jones-Sawyer. 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.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 25666 of the Business and Professions Code is amended to read:25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
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3		-	Assembly Bill No. ~~1275 CHAPTER 208An~~ act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages. ~~[ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1275, Jones-Sawyer. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 01, 2021 Passed IN Senate August 30, 2021 Passed IN Assembly May 27, 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 25666 of the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1275, Jones-Sawyer. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~1275 CHAPTER 208~~
	5	+	Enrolled September 01, 2021 Passed IN Senate August 30, 2021 Passed IN Assembly May 27, 2021 Amended IN Assembly March 18, 2021
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7		-	Assembly Bill No. 1275
	7	+	Enrolled September 01, 2021
	8	+	Passed IN Senate August 30, 2021
	9	+	Passed IN Assembly May 27, 2021
	10	+	Amended IN Assembly March 18, 2021
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9		-	CHAPTER 208
	12	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
	13	+
	14	+	Assembly Bill
	15	+
	16	+	No. 1275
	17	+
	18	+	Introduced by Assembly Member Jones-SawyerFebruary 19, 2021
	19	+
	20	+	Introduced by Assembly Member Jones-Sawyer
	21	+	February 19, 2021
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11	23		An act to amend Section 25666 of the Business and Professions Code, relating to alcoholic beverages.
12		-
13		-	[ Approved by Governor September 22, 2021. Filed with Secretary of State September 22, 2021. ]
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15	25		LEGISLATIVE COUNSEL'S DIGEST
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17	27		## LEGISLATIVE COUNSEL'S DIGEST
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19	29		AB 1275, Jones-Sawyer. Alcoholic beverage control: minors.
20	30
21	31		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.
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23	33		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.
24	34
25	35		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.
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27	37		## Digest Key
28	38
29	39		## Bill Text
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31	41		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 a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
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33	43		The people of the State of California do enact as follows:
34	44
35	45		## The people of the State of California do enact as follows:
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37	47		SECTION 1. Section 25666 of the Business and Professions Code is amended to read:25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
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39	49		SECTION 1. Section 25666 of the Business and Professions Code is amended to read:
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41	51		### SECTION 1.
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43	53		25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
44	54
45	55		25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
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47	57		25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
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51	61		25666. (a) In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because 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 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.
52	62
53	63		(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.
54	64
55	65		(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.
56	66
57	67		(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.