California 2021-2022 Regular Session

California Assembly Bill AB720 Compare Versions

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1-Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 720Introduced by Assembly Member NazarianFebruary 16, 2021An act to amend Section 17024 of the Business and Professions Code, relating to business. An act to add Section 23320.2 to the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTAB 720, as amended, Nazarian. Unfair Practices Act. Alcoholic beverage control: restaurants and bars: license fees: refund.Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law provides for the issuance of licenses for which various fees, including renewal fees, are charged depending upon the type of license issued.This bill would require, upon appropriation by the Legislature, the department to refund new permanent license fees and license renewal fees for specified license types. The bill would limit the refund to licenses that were active for any period between March 1, 2020, and January 31, 2021. The bill would authorize a licensee to request a refund in the manner provided by the department and would require the licensee to certify, under penalty of perjury, that they qualify for the refund. The bill would require the department to establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification, and would exempt these requirements, guidelines and the manner of certification for refunds from the Administrative Procedure Act. By expanding the crime of perjury, the bill would impose a state-mandated local program.This bill would also make findings and declarations related to a gift of public funds.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITYMAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) The refund authorized by the addition of Section 23320.2 to the Business and Professions Code by this act (hereafter the refund) is necessary to provide economic relief to businesses most severely impacted by the COVID-19 pandemic.(b) The refund is designed to resolve numerous claims made by licensees of the Department of Alcoholic Beverage Control and on-going litigation to compel a reasonable refund from the department.SEC. 2. Section 23320.2 is added to the Business and Professions Code, to read:23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.SEC. 3. The Legislature hereby finds and declares that the refunds authorized by the addition of Section 23320.2 to the Business and Professions Code made by this bill serves the public purpose of supporting businesses severely impacted by the COVID-19 pandemic, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 17024 of the Business and Professions Code is amended to read:17024.(a)Article or product includes any article, product, commodity, thing of value, service, or output of a service trade.(b)Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.(c)This chapter does not apply to either of the following:(1)Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.(2)Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.
1+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 720Introduced by Assembly Member NazarianFebruary 16, 2021 An act to amend Section 17024 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 720, as introduced, Nazarian. Unfair Practices Act.Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.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 17024 of the Business and Professions Code is amended to read:17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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3- Amended IN Assembly March 09, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 720Introduced by Assembly Member NazarianFebruary 16, 2021An act to amend Section 17024 of the Business and Professions Code, relating to business. An act to add Section 23320.2 to the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTAB 720, as amended, Nazarian. Unfair Practices Act. Alcoholic beverage control: restaurants and bars: license fees: refund.Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law provides for the issuance of licenses for which various fees, including renewal fees, are charged depending upon the type of license issued.This bill would require, upon appropriation by the Legislature, the department to refund new permanent license fees and license renewal fees for specified license types. The bill would limit the refund to licenses that were active for any period between March 1, 2020, and January 31, 2021. The bill would authorize a licensee to request a refund in the manner provided by the department and would require the licensee to certify, under penalty of perjury, that they qualify for the refund. The bill would require the department to establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification, and would exempt these requirements, guidelines and the manner of certification for refunds from the Administrative Procedure Act. By expanding the crime of perjury, the bill would impose a state-mandated local program.This bill would also make findings and declarations related to a gift of public funds.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITYMAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
3+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 720Introduced by Assembly Member NazarianFebruary 16, 2021 An act to amend Section 17024 of the Business and Professions Code, relating to business. LEGISLATIVE COUNSEL'S DIGESTAB 720, as introduced, Nazarian. Unfair Practices Act.Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5- Amended IN Assembly March 09, 2021
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7-Amended IN Assembly March 09, 2021
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99 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 720
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1515 Introduced by Assembly Member NazarianFebruary 16, 2021
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1717 Introduced by Assembly Member Nazarian
1818 February 16, 2021
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20-An act to amend Section 17024 of the Business and Professions Code, relating to business. An act to add Section 23320.2 to the Business and Professions Code, relating to business.
20+ An act to amend Section 17024 of the Business and Professions Code, relating to business.
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2222 LEGISLATIVE COUNSEL'S DIGEST
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2424 ## LEGISLATIVE COUNSEL'S DIGEST
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26-AB 720, as amended, Nazarian. Unfair Practices Act. Alcoholic beverage control: restaurants and bars: license fees: refund.
26+AB 720, as introduced, Nazarian. Unfair Practices Act.
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28-Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law provides for the issuance of licenses for which various fees, including renewal fees, are charged depending upon the type of license issued.This bill would require, upon appropriation by the Legislature, the department to refund new permanent license fees and license renewal fees for specified license types. The bill would limit the refund to licenses that were active for any period between March 1, 2020, and January 31, 2021. The bill would authorize a licensee to request a refund in the manner provided by the department and would require the licensee to certify, under penalty of perjury, that they qualify for the refund. The bill would require the department to establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification, and would exempt these requirements, guidelines and the manner of certification for refunds from the Administrative Procedure Act. By expanding the crime of perjury, the bill would impose a state-mandated local program.This bill would also make findings and declarations related to a gift of public funds.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.
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30-Existing law, the Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of licenses for the manufacture, distribution, and sale of alcoholic beverages. Existing law provides for the issuance of licenses for which various fees, including renewal fees, are charged depending upon the type of license issued.
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32-This bill would require, upon appropriation by the Legislature, the department to refund new permanent license fees and license renewal fees for specified license types. The bill would limit the refund to licenses that were active for any period between March 1, 2020, and January 31, 2021. The bill would authorize a licensee to request a refund in the manner provided by the department and would require the licensee to certify, under penalty of perjury, that they qualify for the refund. The bill would require the department to establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification, and would exempt these requirements, guidelines and the manner of certification for refunds from the Administrative Procedure Act. By expanding the crime of perjury, the bill would impose a state-mandated local program.
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34-This bill would also make findings and declarations related to a gift of public funds.
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36-The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
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38-This bill would provide that no reimbursement is required by this act for a specified reason.
28+Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.This bill would make nonsubstantive changes to that definition.
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4030 Existing law, the Unfair Practices Act, is intended to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law defines the term article or product for purposes of the act to include any article, product, commodity, thing of value, service, or output of a service trade, and exempts specified industries from the definition.
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4432 This bill would make nonsubstantive changes to that definition.
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52-The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares both of the following:(a) The refund authorized by the addition of Section 23320.2 to the Business and Professions Code by this act (hereafter the refund) is necessary to provide economic relief to businesses most severely impacted by the COVID-19 pandemic.(b) The refund is designed to resolve numerous claims made by licensees of the Department of Alcoholic Beverage Control and on-going litigation to compel a reasonable refund from the department.SEC. 2. Section 23320.2 is added to the Business and Professions Code, to read:23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.SEC. 3. The Legislature hereby finds and declares that the refunds authorized by the addition of Section 23320.2 to the Business and Professions Code made by this bill serves the public purpose of supporting businesses severely impacted by the COVID-19 pandemic, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 17024 of the Business and Professions Code is amended to read:17024.(a)Article or product includes any article, product, commodity, thing of value, service, or output of a service trade.(b)Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.(c)This chapter does not apply to either of the following:(1)Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.(2)Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.
38+The people of the State of California do enact as follows:SECTION 1. Section 17024 of the Business and Professions Code is amended to read:17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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5440 The people of the State of California do enact as follows:
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5642 ## The people of the State of California do enact as follows:
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58-SECTION 1. The Legislature finds and declares both of the following:(a) The refund authorized by the addition of Section 23320.2 to the Business and Professions Code by this act (hereafter the refund) is necessary to provide economic relief to businesses most severely impacted by the COVID-19 pandemic.(b) The refund is designed to resolve numerous claims made by licensees of the Department of Alcoholic Beverage Control and on-going litigation to compel a reasonable refund from the department.
44+SECTION 1. Section 17024 of the Business and Professions Code is amended to read:17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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60-SECTION 1. The Legislature finds and declares both of the following:(a) The refund authorized by the addition of Section 23320.2 to the Business and Professions Code by this act (hereafter the refund) is necessary to provide economic relief to businesses most severely impacted by the COVID-19 pandemic.(b) The refund is designed to resolve numerous claims made by licensees of the Department of Alcoholic Beverage Control and on-going litigation to compel a reasonable refund from the department.
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62-SECTION 1. The Legislature finds and declares both of the following:
46+SECTION 1. Section 17024 of the Business and Professions Code is amended to read:
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6448 ### SECTION 1.
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66-(a) The refund authorized by the addition of Section 23320.2 to the Business and Professions Code by this act (hereafter the refund) is necessary to provide economic relief to businesses most severely impacted by the COVID-19 pandemic.
50+17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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68-(b) The refund is designed to resolve numerous claims made by licensees of the Department of Alcoholic Beverage Control and on-going litigation to compel a reasonable refund from the department.
52+17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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70-SEC. 2. Section 23320.2 is added to the Business and Professions Code, to read:23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.
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72-SEC. 2. Section 23320.2 is added to the Business and Professions Code, to read:
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74-### SEC. 2.
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76-23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.
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78-23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.
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80-23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:(1) The license fee is either or both of the following:(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.
54+17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade. Motion(b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.Nothing in this chapter applies:(c) This chapter does not apply to either of the following:(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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84-23320.2. (a) Notwithstanding any other law, the department shall refund any license fee that meets both of the following conditions:
58+17024. (a) Article or product includes any article, product, commodity, thing of value, service service, or output of a service trade.
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86-(1) The license fee is either or both of the following:
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88-(A) A new permanent license fee, as described in paragraph (2) of subdivision (a) of Section 23320, for any of the following license types: 47, 48, 57, 75, and 87.
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90-(B) A license renewal fee for any of the following license types: 40, 41, 42, 47, 48, 49, 50, 51, 52, 57, 59, 60, 61, 68, 75, 77, and 87. License renewal fee includes the applicable surcharges collected with those fees, for the types identified in this subparagraph, in accordance with Sections 23053.5, 23083.5, and 23320.5.
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92-(2) The license fee was paid to the department covering a license that was active, as defined by the department in its guidelines, for any period between March 1, 2020, and January 31, 2021.
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94-(b) A licensee may request a license fee refund pursuant to this section in the manner provided by the department and shall certify under penalty of perjury that they qualify for the refund.
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96-(c) (1) The department shall establish and publish on its internet website the requirements and guidelines for submitting a license fee refund request and the manner of certification.
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98-(2) The requirements, guidelines, and the manner of certification for refunds under this section implemented by the department are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
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100-(d) The department shall implement the requirements of this section and issue refunds only upon appropriation by the Legislature for these purposes.
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102-SEC. 3. The Legislature hereby finds and declares that the refunds authorized by the addition of Section 23320.2 to the Business and Professions Code made by this bill serves the public purpose of supporting businesses severely impacted by the COVID-19 pandemic, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
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104-SEC. 3. The Legislature hereby finds and declares that the refunds authorized by the addition of Section 23320.2 to the Business and Professions Code made by this bill serves the public purpose of supporting businesses severely impacted by the COVID-19 pandemic, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
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106-SEC. 3. The Legislature hereby finds and declares that the refunds authorized by the addition of Section 23320.2 to the Business and Professions Code made by this bill serves the public purpose of supporting businesses severely impacted by the COVID-19 pandemic, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
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108-### SEC. 3.
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110-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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112-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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114-SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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116-### SEC. 4.
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121-
122-(a)Article or product includes any article, product, commodity, thing of value, service, or output of a service trade.
60+ Motion
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12664 (b) Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter.
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66+Nothing in this chapter applies:
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12868
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13070 (c) This chapter does not apply to either of the following:
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72+(1) To any service, article Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.
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134-(1)Any service, article, or product for which rates are established under the jurisdiction of the Public Utilities Commission and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.
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138-(2)Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles, or products.
74+(2) To any service, article Any service, article, or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article if that service, article, or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles articles, or products.