California 2025-2026 Regular Session

California Assembly Bill AB1008 Latest Draft

Bill / Amended Version Filed 03/24/2025

                            Amended IN  Assembly  March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1008Introduced by Assembly Member AddisFebruary 20, 2025An act to amend Section 325 of the Business and Professions Code, relating to business. An act to add Section 23826.21 to the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1008, as amended, Addis. Department of Consumer Affairs: consumer complaints. Alcoholic beverages: licenses: County of San Luis Obispo.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.This bill would provide an exception to the limitation described above by authorizing the issuance of up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of San Luis Obispo. The bill would prohibit the department from issuing more than 5 of these licenses per year. The bill would specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit transferring the new licenses out of the county or to premises that do not qualify under these provisions. The bill would also prohibit selling or transferring the new licenses for a price greater than the original fee paid by the seller or transferor.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Luis Obispo.The Consumer Affairs Act requires the Director of the Department of Consumer Affairs to receive complaints from consumers concerning, among other things, unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.This bill would make nonsubstantive changes that 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 23826.21 is added to the Business and Professions Code, to read:23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.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 even though population growth has remained steady, tourism in the County of San Luis Obispo has grown exponentially, and tourist demand is driving an increased demand for alcohol licenses.SECTION 1.Section 325 of the Business and Professions Code is amended to read:325.It shall be the duty of the director to receive complaints from consumers concerning all of the following:(a)Unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.(b)The production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.(c)Violations of provisions of this code relating to businesses and professions licensed by any agency of the department and regulations promulgated pursuant thereto.(d)Student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.(e)Other matters consistent with the purposes of this chapter, if appropriate.

 Amended IN  Assembly  March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1008Introduced by Assembly Member AddisFebruary 20, 2025An act to amend Section 325 of the Business and Professions Code, relating to business. An act to add Section 23826.21 to the Business and Professions Code, relating to alcoholic beverages.LEGISLATIVE COUNSEL'S DIGESTAB 1008, as amended, Addis. Department of Consumer Affairs: consumer complaints. Alcoholic beverages: licenses: County of San Luis Obispo.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.This bill would provide an exception to the limitation described above by authorizing the issuance of up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of San Luis Obispo. The bill would prohibit the department from issuing more than 5 of these licenses per year. The bill would specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit transferring the new licenses out of the county or to premises that do not qualify under these provisions. The bill would also prohibit selling or transferring the new licenses for a price greater than the original fee paid by the seller or transferor.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Luis Obispo.The Consumer Affairs Act requires the Director of the Department of Consumer Affairs to receive complaints from consumers concerning, among other things, unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.This bill would make nonsubstantive changes that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Assembly  March 24, 2025

Amended IN  Assembly  March 24, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 1008

Introduced by Assembly Member AddisFebruary 20, 2025

Introduced by Assembly Member Addis
February 20, 2025

An act to amend Section 325 of the Business and Professions Code, relating to business. An act to add Section 23826.21 to the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1008, as amended, Addis. Department of Consumer Affairs: consumer complaints. Alcoholic beverages: licenses: County of San Luis Obispo.

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.This bill would provide an exception to the limitation described above by authorizing the issuance of up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of San Luis Obispo. The bill would prohibit the department from issuing more than 5 of these licenses per year. The bill would specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit transferring the new licenses out of the county or to premises that do not qualify under these provisions. The bill would also prohibit selling or transferring the new licenses for a price greater than the original fee paid by the seller or transferor.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Luis Obispo.The Consumer Affairs Act requires the Director of the Department of Consumer Affairs to receive complaints from consumers concerning, among other things, unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.This bill would make nonsubstantive changes that provision.

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.

This bill would provide an exception to the limitation described above by authorizing the issuance of up to 10 additional new original on-sale general licenses for bona fide public eating places in the County of San Luis Obispo. The bill would prohibit the department from issuing more than 5 of these licenses per year. The bill would specify that a person holding a valid on-sale general license for seasonal business is not prohibited from applying for licenses to be issued pursuant to this authorization. The bill would prohibit transferring the new licenses out of the county or to premises that do not qualify under these provisions. The bill would also prohibit selling or transferring the new licenses for a price greater than the original fee paid by the seller or transferor.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Luis Obispo.

The Consumer Affairs Act requires the Director of the Department of Consumer Affairs to receive complaints from consumers concerning, among other things, unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.



This bill would make nonsubstantive changes that provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 23826.21 is added to the Business and Professions Code, to read:23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.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 even though population growth has remained steady, tourism in the County of San Luis Obispo has grown exponentially, and tourist demand is driving an increased demand for alcohol licenses.SECTION 1.Section 325 of the Business and Professions Code is amended to read:325.It shall be the duty of the director to receive complaints from consumers concerning all of the following:(a)Unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.(b)The production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.(c)Violations of provisions of this code relating to businesses and professions licensed by any agency of the department and regulations promulgated pursuant thereto.(d)Student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.(e)Other matters consistent with the purposes of this chapter, if appropriate.

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 23826.21 is added to the Business and Professions Code, to read:23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

SECTION 1. Section 23826.21 is added to the Business and Professions Code, to read:

### SECTION 1.

23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.(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) (1) 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.(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.



23826.21. (a) Notwithstanding any other provision of this chapter, in the County of San Luis Obispo, the department may issue no more than a total of 10 additional new original on-sale general licenses for bona fide public eating places. The department shall not issue more than five licenses under this section per year.

(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) (1) 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.

(2) A license issued under this section shall not be sold or transferred for a price greater than the original fee paid by the seller or transferor.

(e) The department may designate licenses issued pursuant to this section as on-sale general for special use. This designation does not alter any license privileges or restrictions established by this section.

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 even though population growth has remained steady, tourism in the County of San Luis Obispo has grown exponentially, and tourist demand is driving an increased demand for alcohol licenses.

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 even though population growth has remained steady, tourism in the County of San Luis Obispo has grown exponentially, and tourist demand is driving an increased demand for alcohol licenses.

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 even though population growth has remained steady, tourism in the County of San Luis Obispo has grown exponentially, and tourist demand is driving an increased demand for alcohol licenses.

### SEC. 2.





It shall be the duty of the director to receive complaints from consumers concerning all of the following:



(a)Unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce.



(b)The production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.



(c)Violations of provisions of this code relating to businesses and professions licensed by any agency of the department and regulations promulgated pursuant thereto.



(d)Student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code.



(e)Other matters consistent with the purposes of this chapter, if appropriate.