California 2017-2018 Regular Session

California Assembly Bill AB3226

Introduced
2/16/18  

Caption

Alcoholic beverage licenses: suspension or revocation.

Impact

The amendments proposed by AB3226 specifically focus on the criteria that enable the Department of Alcoholic Beverage Control to take action against licensees. The bill lists various grounds for suspension or revocation, including circumstances where the continued validity of the license would oppose public welfare, and situations whereby a licensee cannot correct nuisance conditions within a reasonable timeframe. Such clarity is intended to assist both the regulating agency and businesses in understanding compliance responsibilities and the potential repercussions of their actions related to public safety and community welfare.

Summary

Assembly Bill No. 3226, introduced by Assembly Member Burke, seeks to amend Section 24200 of the Business and Professions Code, which governs the suspension or revocation of alcoholic beverage licenses within California. The primary objective of the bill is to clarify and streamline the existing provisions regarding the grounds for suspending or revoking these licenses. By making nonsubstantive changes, the bill aims to ensure that the law is easier to interpret and apply, particularly in cases involving alleged violations of the Alcoholic Beverage Control Act.

Contention

While the bill aims to maintain public order and safety, there may be contention regarding the interpretation of what constitutes a nuisance and the reasonable steps required by licensees to mitigate such issues. Opponents may argue that the vague definitions could lead to arbitrary enforcement and disproportionately affect smaller businesses, particularly if they lack the resources to address nuisance conditions effectively. Furthermore, the administrative burden placed on the Department of Alcoholic Beverage Control to execute these provisions could lead to concerns about efficiency and thoroughness in enforcement.

Additional_context

AB3226 does not require additional appropriations or fiscal committee reviews, indicating a streamlined approach to legislative processing. By focusing on cosmetic changes to the existing law without altering its substantive elements, the bill has been positioned as a measure to enhance clarity and enforceability while ostensibly minimizing disruption to current operational frameworks for licensed businesses.

Companion Bills

No companion bills found.

Previously Filed As

CA SB269

Alcoholic beverages: licensed premises: retail sales and consumption.

CA SB76

Alcoholic beverages: music venue license: entertainment zones: consumption.

CA AB2896

Alcoholic beverages: tied-house restrictions: advertising.

CA AB1704

Alcoholic beverage licenses.

CA SB969

Alcoholic beverages: entertainment zones: consumption.

CA AB2174

Alcoholic beverages: beer caterer’s permit.

CA AB3195

Alcoholic beverages: hours of sale.

CA AB2615

Alcoholic beverages: COVID-19 Temporary Catering Authorization: airside terminal space.

CA AB546

Alcoholic beverages: advertising and brandy tastings.

CA SB498

Alcoholic beverage control: violations.

Similar Bills

CA SB461

Alcoholic beverage control: tied house restrictions.

MN HF2171

Objectionable odor emission prohibited, testing based on odor complaints required, and odor-management plans required.

MN SF2195

Objectionable odor emission prohibition; testing based on odor complaints requirement; odor management plans establishment

SC H4557

Odor management

CA SB388

Platform companies: content management: negative externalities: report: acceptable use policy: illegal content.

CA SB314

Alcoholic beverages.

CA AB626

California Retail Food Code: microenterprise home kitchen operations.

RI S2486

Dignity At Work Act