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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 463Introduced by Assembly Member MathisFebruary 08, 2021 An act to amend Section 23826.14 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 463, as introduced, Mathis. Extra licenses: County of Inyo. Existing law, 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. Existing law limits 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. Existing law provides an exception to this limitation for the County of Inyo, allowing a total of 5 extra new licenses to be issued between January 1, 2017, and December 31, 2019.This bill would recast those provisions to allow a total of five extra new licenses to be issued between January 1, 2017, and December 31, 2025.This bill would make legislative findings and declarations regarding the necessity of a special statute.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 23826.14 of the Business and Professions Code is amended to read:23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section.SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 463Introduced by Assembly Member MathisFebruary 08, 2021 An act to amend Section 23826.14 of the Business and Professions Code, relating to alcoholic beverages. LEGISLATIVE COUNSEL'S DIGESTAB 463, as introduced, Mathis. Extra licenses: County of Inyo. Existing law, 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. Existing law limits 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. Existing law provides an exception to this limitation for the County of Inyo, allowing a total of 5 extra new licenses to be issued between January 1, 2017, and December 31, 2019.This bill would recast those provisions to allow a total of five extra new licenses to be issued between January 1, 2017, and December 31, 2025.This bill would make legislative findings and declarations regarding the necessity of a special statute.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly May 19, 2021 | |
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| 7 | - | Amended IN Assembly May 19, 2021 | |
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| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
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| 13 | 13 | No. 463 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member MathisFebruary 08, 2021 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Mathis | |
| 18 | 18 | February 08, 2021 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 23826.14 of the Business and Professions Code, relating to alcoholic beverages. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 463, as | |
| 26 | + | AB 463, as introduced, Mathis. Extra licenses: County of Inyo. | |
| 27 | 27 | ||
| 28 | - | Existing law, 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. Existing law limits 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. Existing law provides an exception to this limitation for the County of Inyo, allowing a total of 5 extra new licenses to be issued between January 1, 2017, and December 31, 2019.This bill would recast those provisions to allow a total of five | |
| 28 | + | Existing law, 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. Existing law limits 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. Existing law provides an exception to this limitation for the County of Inyo, allowing a total of 5 extra new licenses to be issued between January 1, 2017, and December 31, 2019.This bill would recast those provisions to allow a total of five extra new licenses to be issued between January 1, 2017, and December 31, 2025.This bill would make legislative findings and declarations regarding the necessity of a special statute. | |
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| 30 | 30 | Existing law, 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. Existing law limits 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. | |
| 31 | 31 | ||
| 32 | 32 | Existing law provides an exception to this limitation for the County of Inyo, allowing a total of 5 extra new licenses to be issued between January 1, 2017, and December 31, 2019. | |
| 33 | 33 | ||
| 34 | - | This bill would recast those provisions to allow a total of five | |
| 34 | + | This bill would recast those provisions to allow a total of five extra new licenses to be issued between January 1, 2017, and December 31, 2025. | |
| 35 | 35 | ||
| 36 | 36 | This bill would make legislative findings and declarations regarding the necessity of a special statute. | |
| 37 | - | ||
| 38 | - | ||
| 39 | - | ||
| 40 | - | This bill would make legislative findings and declarations as to the necessity of a special statute for County of Inyo. | |
| 41 | 37 | ||
| 42 | 38 | ## Digest Key | |
| 43 | 39 | ||
| 44 | 40 | ## Bill Text | |
| 45 | 41 | ||
| 46 | - | The people of the State of California do enact as follows:SECTION 1. Section 23826.14 of the Business and Professions Code is amended to read:23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 23826.14 of the Business and Professions Code is amended to read:23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section.SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
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| 48 | 44 | The people of the State of California do enact as follows: | |
| 49 | 45 | ||
| 50 | 46 | ## The people of the State of California do enact as follows: | |
| 51 | 47 | ||
| 52 | - | SECTION 1. Section 23826.14 of the Business and Professions Code is amended to read:23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) | |
| 48 | + | SECTION 1. Section 23826.14 of the Business and Professions Code is amended to read:23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section. | |
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| 54 | 50 | SECTION 1. Section 23826.14 of the Business and Professions Code is amended to read: | |
| 55 | 51 | ||
| 56 | 52 | ### SECTION 1. | |
| 57 | 53 | ||
| 58 | - | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) | |
| 54 | + | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section. | |
| 59 | 55 | ||
| 60 | - | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) | |
| 56 | + | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section. | |
| 61 | 57 | ||
| 62 | - | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) | |
| 58 | + | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners.(b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961.(c) This chapter does not prohibit a person that 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, nor shall it be transferred to any premises not qualifying under this section. | |
| 63 | 59 | ||
| 64 | 60 | ||
| 65 | 61 | ||
| 66 | - | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. | |
| 62 | + | 23826.14. (a) Notwithstanding any other provision of this chapter, in the County of Inyo, the department may issue no more than a total of five additional new original on-sale general licenses for bona fide public eating places, public premises, or both from January 1, 2017, to December 31, 2019, 2025, inclusive. To qualify for a license under this section, the premises upon which a bona fide public eating place is operated shall have a seating capacity for 50 or more diners. | |
| 67 | 63 | ||
| 68 | - | (b) | |
| 64 | + | (b) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. | |
| 69 | 65 | ||
| 70 | - | (c) | |
| 66 | + | (c) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. | |
| 71 | 67 | ||
| 72 | - | ( | |
| 68 | + | (d) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. | |
| 73 | 69 | ||
| 70 | + | SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 74 | 71 | ||
| 72 | + | SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 75 | 73 | ||
| 76 | - | (d) In issuing the licenses provided for in this section, the department shall follow the procedure set forth in Section 23961. | |
| 77 | - | ||
| 78 | - | (c) | |
| 79 | - | ||
| 80 | - | ||
| 81 | - | ||
| 82 | - | (e) This chapter does not prohibit a person that currently holds a valid on-sale general license for seasonal business from applying for an original on-sale general license pursuant to this section. | |
| 83 | - | ||
| 84 | - | (d) | |
| 85 | - | ||
| 86 | - | ||
| 87 | - | ||
| 88 | - | (f) A license issued under this section shall not be transferred from one county to another, nor shall it be transferred to any premises not qualifying under this section. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | SEC. 2. 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 circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 97 | - | ||
| 98 | - | SEC. 2. 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 circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 99 | - | ||
| 100 | - | SEC. 2. 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 circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 74 | + | SEC. 2. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the economy of the County of Inyo that apply only to the County of Inyo. | |
| 101 | 75 | ||
| 102 | 76 | ### SEC. 2. |