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| 1 | + | Amended IN Assembly March 03, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 592Introduced by Assembly Member GabrielFebruary 12, 2025An act relating to restaurants. An act to amend and repeal Section 25750.5 of the Business and Professions Code, to amend Section 65907 of the Government Code, and to amend Sections 114067 and 114266 of the Health and Safety Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTAB 592, as amended, Gabriel. Restaurants: outdoor dining. Business: retail food.(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date.This bill, instead, would make those provisions operative indefinitely and make conforming changes.(2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date.This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program.(3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures.With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely.(4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards.This bill would, instead, require a permanent food facility to be in a building that consists of permanent floors, walls, and overhead structure, as prescribed, and fully enclosed during hours of nonoperation, and would authorize the facility to use open windows, folding doors, or nonfixed store fronts during hours of operation.(5) 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 authorizes the legislative body of a city or county to adopt a zoning ordinance and grant variances to the zoning ordinance when, because of special circumstances applicable to a property, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, as specified. Existing law, until July 1, 2026, requires a local jurisdiction that has not adopted an ordinance providing relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses.This bill would state the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 2. Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed.25750.5.(a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 3. Section 65907 of the Government Code is amended to read:65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 4. Section 114067 of the Health and Safety Code is amended to read:114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. SEC. 5. Section 114266 of the Health and Safety Code is amended to read:114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently. | |
| 2 | 2 | ||
| 3 | - | Amended IN Assembly | |
| 3 | + | Amended IN Assembly March 03, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 592Introduced by Assembly Member GabrielFebruary 12, 2025An act relating to restaurants. An act to amend and repeal Section 25750.5 of the Business and Professions Code, to amend Section 65907 of the Government Code, and to amend Sections 114067 and 114266 of the Health and Safety Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTAB 592, as amended, Gabriel. Restaurants: outdoor dining. Business: retail food.(1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date.This bill, instead, would make those provisions operative indefinitely and make conforming changes.(2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date.This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program.(3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures.With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely.(4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards.This bill would, instead, require a permanent food facility to be in a building that consists of permanent floors, walls, and overhead structure, as prescribed, and fully enclosed during hours of nonoperation, and would authorize the facility to use open windows, folding doors, or nonfixed store fronts during hours of operation.(5) 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 authorizes the legislative body of a city or county to adopt a zoning ordinance and grant variances to the zoning ordinance when, because of special circumstances applicable to a property, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, as specified. Existing law, until July 1, 2026, requires a local jurisdiction that has not adopted an ordinance providing relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses.This bill would state the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 03, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 08, 2025 | |
| 8 | 7 | Amended IN Assembly March 03, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 592 | |
| 15 | 14 | ||
| 16 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member GabrielFebruary 12, 2025 | |
| 17 | 16 | ||
| 18 | - | Introduced by Assembly Member Gabriel | |
| 17 | + | Introduced by Assembly Member Gabriel | |
| 19 | 18 | February 12, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to amend and repeal Section 25750.5 of the Business and Professions Code, to amend Section 65907 of the Government Code, and to amend Sections 114067 and 114266 of the Health and Safety Code, relating to business. | |
| 20 | + | An act relating to restaurants. An act to amend and repeal Section 25750.5 of the Business and Professions Code, to amend Section 65907 of the Government Code, and to amend Sections 114067 and 114266 of the Health and Safety Code, relating to business. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 592, as amended, Gabriel. Business: retail food. | |
| 26 | + | AB 592, as amended, Gabriel. Restaurants: outdoor dining. Business: retail food. | |
| 28 | 27 | ||
| 29 | - | (1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date.This bill, instead, would make those provisions operative indefinitely | |
| 28 | + | (1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date.This bill, instead, would make those provisions operative indefinitely and make conforming changes.(2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date.This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program.(3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures.With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely.(4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards.This bill would, instead, require a permanent food facility to be in a building that consists of permanent floors, walls, and overhead structure, as prescribed, and fully enclosed during hours of nonoperation, and would authorize the facility to use open windows, folding doors, or nonfixed store fronts during hours of operation.(5) 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 authorizes the legislative body of a city or county to adopt a zoning ordinance and grant variances to the zoning ordinance when, because of special circumstances applicable to a property, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, as specified. Existing law, until July 1, 2026, requires a local jurisdiction that has not adopted an ordinance providing relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses.This bill would state the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently. | |
| 30 | 29 | ||
| 31 | 30 | (1) Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires the department to make and prescribe rules to carry out the purposes and intent of existing state constitutional provisions on the regulation of alcoholic beverages, and to enable the department to exercise the powers and perform the duties conferred upon it by the state constitution and the act, not inconsistent with any statute of this state. The act makes it unlawful for any person other than a licensee of the department to sell, manufacture, or import alcoholic beverages in this state, with exceptions. The department, pursuant to its powers and in furtherance of emergency declarations and orders of the Governor under the California Emergency Services Act regarding the spread of the COVID-19 virus, established prescribed temporary relief measures to suspend certain legal restrictions relating to, among other things, the expansion of a licensed footprint, sales of alcoholic beverages to-go, and delivery privileges. Existing law authorizes the department, for a period of 365 days following the end of the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department, as specified. Existing law makes these provisions effective only until July 1, 2026, and repeals them as of that date. | |
| 32 | 31 | ||
| 33 | - | This bill, instead, would make those provisions operative indefinitely | |
| 32 | + | This bill, instead, would make those provisions operative indefinitely and make conforming changes. | |
| 34 | 33 | ||
| 35 | 34 | (2) The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances that regulate zoning within its jurisdiction, as specified. Under that law, variances and conditional use permits may be granted if provided for by the zoning ordinance. Existing law, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, requires a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. Existing law makes these provisions operative only until July 1, 2026, and repeals them on that date. | |
| 36 | 35 | ||
| 37 | 36 | This bill, instead, would make those provisions operative indefinitely. Because the bill would require local officials to perform additional duties for an extended period, the bill would impose a state-mandated local program. | |
| 38 | 37 | ||
| 39 | 38 | (3) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities. Existing law restricts satellite food service to limited food preparation in a fully enclosed permanent food facility that meets specified requirements. Existing law requires a permanent food facility, before conducting satellite food service, to submit to the enforcement agency written operating standards. Existing law, until July 1, 2026, authorizes a permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response to prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. | |
| 40 | 39 | ||
| 41 | 40 | With regard to those provisions that authorize a permitted food facility to prepare and serve food as a temporary satellite food service, this bill, instead, would make those provisions operative indefinitely. | |
| 42 | 41 | ||
| 43 | 42 | (4) Existing law requires permanent food facilities to be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet prescribed minimum standards. | |
| 44 | 43 | ||
| 45 | 44 | This bill would, instead, require a permanent food facility to be in a building that consists of permanent floors, walls, and overhead structure, as prescribed, and fully enclosed during hours of nonoperation, and would authorize the facility to use open windows, folding doors, or nonfixed store fronts during hours of operation. | |
| 46 | 45 | ||
| 47 | 46 | (5) 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. | |
| 48 | 47 | ||
| 49 | 48 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 50 | 49 | ||
| 50 | + | Existing law authorizes the legislative body of a city or county to adopt a zoning ordinance and grant variances to the zoning ordinance when, because of special circumstances applicable to a property, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification, as specified. Existing law, until July 1, 2026, requires a local jurisdiction that has not adopted an ordinance providing relief from parking restrictions for expanded outdoor dining areas to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area, to the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 54 | + | This bill would state the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently. | |
| 55 | + | ||
| 56 | + | ||
| 57 | + | ||
| 51 | 58 | ## Digest Key | |
| 52 | 59 | ||
| 53 | 60 | ## Bill Text | |
| 54 | 61 | ||
| 55 | - | The people of the State of California do enact as follows:SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d) | |
| 62 | + | The people of the State of California do enact as follows:SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 2. Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed.25750.5.(a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 3. Section 65907 of the Government Code is amended to read:65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed.SEC. 4. Section 114067 of the Health and Safety Code is amended to read:114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. SEC. 5. Section 114266 of the Health and Safety Code is amended to read:114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently. | |
| 56 | 63 | ||
| 57 | 64 | The people of the State of California do enact as follows: | |
| 58 | 65 | ||
| 59 | 66 | ## The people of the State of California do enact as follows: | |
| 60 | 67 | ||
| 61 | - | SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d) | |
| 68 | + | SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read:25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 62 | 69 | ||
| 63 | 70 | SECTION 1. Section 25750.5 of the Business and Professions Code, as amended by Section 1 of Chapter 569 of the Statutes of 2023, is amended to read: | |
| 64 | 71 | ||
| 65 | 72 | ### SECTION 1. | |
| 66 | 73 | ||
| 67 | - | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d) | |
| 74 | + | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 68 | 75 | ||
| 69 | - | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d) | |
| 76 | + | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 70 | 77 | ||
| 71 | - | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d) | |
| 78 | + | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 72 | 79 | ||
| 73 | 80 | ||
| 74 | 81 | ||
| 75 | 82 | 25750.5. (a) The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee. | |
| 76 | 83 | ||
| 77 | 84 | (b) The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives. | |
| 78 | 85 | ||
| 79 | 86 | (c) Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time. | |
| 80 | 87 | ||
| 81 | - | (d) | |
| 88 | + | (d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 82 | 89 | ||
| 83 | - | SEC. 2. Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed. | |
| 90 | + | ||
| 91 | + | ||
| 92 | + | SEC. 2. Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed.25750.5.(a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 84 | 93 | ||
| 85 | 94 | SEC. 2. Section 25750.5 of the Business and Professions Code, as amended by Section 2 of Chapter 569 of the Statutes of 2023, is repealed. | |
| 86 | 95 | ||
| 87 | 96 | ### SEC. 2. | |
| 88 | 97 | ||
| 98 | + | 25750.5.(a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee.(b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives.(c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time.(d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 89 | 99 | ||
| 90 | 100 | ||
| 91 | - | SEC. 3. Section 65907 of the Government Code is amended to read:65907. To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 101 | + | ||
| 102 | + | (a)The Department of Alcoholic Beverage Control may permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by the department on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee. | |
| 103 | + | ||
| 104 | + | ||
| 105 | + | ||
| 106 | + | (b)The COVID-19 Temporary Catering Authorization approved by the department shall be subject to terms and conditions established by the department and stated in the Fourth Notice of Regulatory Relief and the related application form, including, but not limited to, that the authorization may be canceled as determined by the department, as provided in the Fourth Notice, which includes, but is not limited to, upon objection by local law enforcement or if operation of the temporarily authorized area is inconsistent with state or local public health directives. | |
| 107 | + | ||
| 108 | + | ||
| 109 | + | ||
| 110 | + | (c)Notwithstanding any other law, if the department determines that any licensee is found to be abusing the relief provided by this section, or if the licensees actions jeopardize public health, safety, or welfare, the department may summarily rescind the relief as to that licensee at any time. | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (d)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 115 | + | ||
| 116 | + | ||
| 117 | + | ||
| 118 | + | SEC. 3. Section 65907 of the Government Code is amended to read:65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 92 | 119 | ||
| 93 | 120 | SEC. 3. Section 65907 of the Government Code is amended to read: | |
| 94 | 121 | ||
| 95 | 122 | ### SEC. 3. | |
| 96 | 123 | ||
| 97 | - | 65907. To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 124 | + | 65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 98 | 125 | ||
| 99 | - | 65907. To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 126 | + | 65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 100 | 127 | ||
| 101 | - | 65907. To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 128 | + | 65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.(b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 102 | 129 | ||
| 103 | 130 | ||
| 104 | 131 | ||
| 105 | - | 65907. To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 132 | + | 65907. (a)To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area. | |
| 106 | 133 | ||
| 107 | - | SEC. 4. Section 114067 of the Health and Safety Code is amended to read:114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 134 | + | (b)This section shall remain in effect only until July 1, 2026, and as of that date is repealed. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | SEC. 4. Section 114067 of the Health and Safety Code is amended to read:114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. | |
| 108 | 139 | ||
| 109 | 140 | SEC. 4. Section 114067 of the Health and Safety Code is amended to read: | |
| 110 | 141 | ||
| 111 | 142 | ### SEC. 4. | |
| 112 | 143 | ||
| 113 | - | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 144 | + | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. | |
| 114 | 145 | ||
| 115 | - | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 146 | + | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. | |
| 116 | 147 | ||
| 117 | - | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 148 | + | 114067. (a) Satellite food service is restricted to limited food preparation.(b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation.(c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information:(1) All food products that will be handled and dispensed.(2) The proposed procedures and methods of food preparation and handling.(3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse.(4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods.(5) How potentially hazardous foods will be maintained in accordance with Section 113996.(d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer.(e) Satellite food service areas shall have overhead protection that extends over all food handling areas.(f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained.(g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities.(h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following:(1) A fully enclosed satellite food service operation.(2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse.(3) A fully enclosed permanent food facility.(i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder.(j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same.(k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. (2)This subdivision shall remain operative until July 1, 2026. | |
| 118 | 149 | ||
| 119 | 150 | ||
| 120 | 151 | ||
| 121 | 152 | 114067. (a) Satellite food service is restricted to limited food preparation. | |
| 122 | 153 | ||
| 123 | 154 | (b) Satellite food service shall only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation. | |
| 124 | 155 | ||
| 125 | 156 | (c) Before conducting satellite food service, the permitholder of the permanent food facility shall submit to the enforcement agency written standard operating procedures that include all of the following information: | |
| 126 | 157 | ||
| 127 | 158 | (1) All food products that will be handled and dispensed. | |
| 128 | 159 | ||
| 129 | 160 | (2) The proposed procedures and methods of food preparation and handling. | |
| 130 | 161 | ||
| 131 | 162 | (3) Procedures, methods, and schedules for cleaning utensils, equipment, structures, and for the disposal of refuse. | |
| 132 | 163 | ||
| 133 | 164 | (4) How food will be transported to and from the permanent food facility and the satellite food service operation, and procedures to prevent contamination of foods. | |
| 134 | 165 | ||
| 135 | 166 | (5) How potentially hazardous foods will be maintained in accordance with Section 113996. | |
| 136 | 167 | ||
| 137 | 168 | (d) All food preparation shall be conducted within a food compartment or fully enclosed facility approved by the enforcement officer. | |
| 138 | 169 | ||
| 139 | 170 | (e) Satellite food service areas shall have overhead protection that extends over all food handling areas. | |
| 140 | 171 | ||
| 141 | 172 | (f) Satellite food service operations that handle nonprepackaged food shall be equipped with approved handwashing facilities and warewashing facilities that are either permanently plumbed or self-contained. | |
| 142 | 173 | ||
| 143 | 174 | (g) Notwithstanding subdivision (f), the local enforcement agency may approve the use of alternative warewashing facilities. | |
| 144 | 175 | ||
| 145 | 176 | (h) During nonoperating hours and periods of inclement weather, food, food contact surfaces, and utensils shall be stored within any of the following: | |
| 146 | 177 | ||
| 147 | 178 | (1) A fully enclosed satellite food service operation. | |
| 148 | 179 | ||
| 149 | 180 | (2) Approved food compartments where food, food contact surfaces, and utensils are protected at all times from contamination, exposure to the elements, ingress of vermin, and temperature abuse. | |
| 150 | 181 | ||
| 151 | 182 | (3) A fully enclosed permanent food facility. | |
| 152 | 183 | ||
| 153 | 184 | (i) Satellite food service activities shall be conducted by and under the constant and complete control of the permitholder of the fully enclosed permanent food facility, or the duly contracted personnel of, or third-party providers to, the permitholder. | |
| 154 | 185 | ||
| 155 | 186 | (j) For purposes of permitting and enforcement, the permitholder of the permanent food facility and the permitholder of the satellite food service shall be the same. | |
| 156 | 187 | ||
| 157 | - | (k) A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 188 | + | (k) (1)A permitted food facility within any local jurisdiction that is subject to retail food operation restrictions related to a COVID-19 public health response may prepare and serve food as a temporary satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures pursuant to subdivision (c). The written operating procedures shall be maintained onsite for review, upon request, by the local jurisdiction. | |
| 189 | + | ||
| 190 | + | (2)This subdivision shall remain operative until July 1, 2026. | |
| 191 | + | ||
| 192 | + | ||
| 158 | 193 | ||
| 159 | 194 | SEC. 5. Section 114266 of the Health and Safety Code is amended to read:114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. | |
| 160 | 195 | ||
| 161 | 196 | SEC. 5. Section 114266 of the Health and Safety Code is amended to read: | |
| 162 | 197 | ||
| 163 | 198 | ### SEC. 5. | |
| 164 | 199 | ||
| 165 | 200 | 114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. | |
| 166 | 201 | ||
| 167 | 202 | 114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. | |
| 168 | 203 | ||
| 169 | 204 | 114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation.(B) Subparagraph (A) shall become inoperative on January 1, 2026.(2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part.(B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation.(b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service.(c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. | |
| 170 | 205 | ||
| 171 | 206 | ||
| 172 | 207 | ||
| 173 | 208 | 114266. (a) (1) (A) Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meet the minimum standards as prescribed by this part. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or significant change in its method of operation. | |
| 174 | 209 | ||
| 175 | 210 | (B) Subparagraph (A) shall become inoperative on January 1, 2026. | |
| 176 | 211 | ||
| 177 | 212 | (2) (A) On and after January 1, 2026, each permanent food facility shall be in a building consisting of permanent floors, walls, and an overheard structure that meet the minimum standards as prescribed by this part. | |
| 178 | 213 | ||
| 179 | 214 | (B) A permanent food facility shall be fully enclosed during hours of nonoperation but may use open windows, folding doors, or nonfixed store fronts during hours of operation. | |
| 180 | 215 | ||
| 181 | 216 | (b) Notwithstanding subdivision (a), this section does not require the enclosure of dining areas or any other operation approved for outdoor food service. | |
| 182 | 217 | ||
| 183 | 218 | (c) Notwithstanding subdivision (a), a produce stand that was in operation prior to January 1, 2007, shall have no more than one side open to the outside air during business hours. | |
| 184 | 219 | ||
| 185 | 220 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 186 | 221 | ||
| 187 | 222 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 188 | 223 | ||
| 189 | 224 | SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. | |
| 190 | 225 | ||
| 191 | 226 | ### SEC. 6. | |
| 227 | + | ||
| 228 | + | ||
| 229 | + | ||
| 230 | + | It is the intent of the Legislature to enact legislation to help restaurants, including extending outdoor dining permanently. |