HomeMy WebLinkAbout08 Legislative Review - Support SB 314MEETING DATE :
PREPARED BY :
REQU EST :
Recommendation
May 27 , 2021
STAFF REPORT
CITY OF PALM DESERT
CITY MANAGER 'S OFFICE
Christopher Gerry, Senior Management Analyst
Submission of a letter of support for Senate Bill 314 regarding alcoholic
beverages served in local restaurants , bars and music venues .
By minute motion , approve the submission of a letter of support for Senate Bill 314 regarding
alcoholic beverages served in local restaurants , bars and music venues .
Background Analysis
Introduced by Scott Wiener, Senate Bill (SB) 314 allows current licensees who have emergency-relief
expanded-premises permits for liquor service to have a one-year grace period in which to keep those
outdoor setups and in which to apply for permanent extensions for those licenses . This bill would
prohibit the authorization of a catering permit fo r use at any one premises for more than 52 events in
one calendar year, except as specified . If approved, once the State declaration of emergency is lifted,
restaurants and bars that offer outdoor seating in alleyways , parklets , and on sidewalks can continue
for at least a year. The bill (amended April 13 , 2021 ) and Appropriations Comm ittee Fiscal Summary
(April 30 , 2021) can be found as Attachment A and B , respectively .
The pandemic has impacted small businesses , particularly in the hospital ity industry , with bars and
restaurants having either been closed or operating at reduced capacity and mus ic venues having
been closed entirely . This bill would create more flexibility in how bars , restaurants , and music venues
can serve alcohol , including where they can serve and how they can share spaces with other
businesses along with enacting reforms , restructuring outdated laws , and allowing businesses more
opportunities to succeed .
The Legislative Review Committee reviewed and subsequently recommended supporting SB 314 . A
letter of support can be found as Attachment C . If approved, the attached letter w il l be subm itted to
the appropriate legislators contingent upon the status of the bill.
LEGAL REVIEW DEPT. REVIEW
N/A N/A
Robert W . Harg reaves L. Todd H ileman
Citv Attorney City Manager
City Manager: L. Todd Hileman : L . Tootol Hilevv.,~V\,
ATTACHMENTS
A . Senate Bill 314
B. Senate Appropriations Committee Summary
C . Letter of Support
FINANCIAL R EVIEW ASSISTANT CI TY MANAG E R
N/A .Andy :Firestine
Janet Moo re Andy Firestin e
Director of Fi nance Ass istant City Ma naaer
CITY COUNCo/CTION
APPROVED DENIED
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Original on File with City Clerk's Office
Attachment A
Senate Bill 314
AMENDED IN SENATE APRIL 13, 2021
SENATE BILL No. 314
Introduced by Senator Wiener
(Principal coauthors: Assembly Members Quirk and Villapudua)
(Coauthor: Senator Coauthors: Senators Borgeas and Nielsen)
(Coauthors: Assembly Members Aguiar-Curry, Carrillo, Chiu,
Eduardo Garcia, Gray, Mayes, and Ting)
February 4, 2021
An act to amend Sections 23320, 23399, 24300, 25600.5, 25607, and
25665 of, to add Sections 23398.9, 23406, and 23407 to, and to add
Article 7 (commencing with Section 23550) to Chapter 3 of Division
9 of, 25600.5 and 25607 of, and to amend, repeal, and add Section
23399 of, the Business and Professions Code, and to add Section
65863.15 to the Government Code, relating to alcoholic beverages, and
declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 314, as amended, Wiener. Alcoholic beverages.
(1) The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of, and
the conditions imposed upon alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law generally
provides that a violation of the Alcoholic Beverage Control Act is a
misdemeanor.
Existing law authorizes the issuance of a caterer’s permit, upon
application to the department, to a licensee under an on-sale general
license, an on-sale beer and wine license, a club license, or a veterans’
club license, that authorizes the holder of the permit to sell alcoholic
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beverages at specified locations and events, including, among others,
conventions, sporting events, and trade exhibits.
This bill would require the department to expedite the review of an
application for a caterer’s permit. prohibit the authorization of a catering
permit for use at any one premises for more than 52 events in one
calendar year, except as specified. The bill would, until July 1, 2023,
authorize the Department of Alcoholic Beverage Control to, for 365
days from the date the COVID-19 state of emergency order is lifted, or
longer if the licensee has a pending application for permanent expansion
of their premises, allow licensees to continue to exercise license
privileges in an expanded licensed area authorized pursuant to a
COVID-19 temporary catering permit, as provided.
This bill would authorize the department to issue a COVID-19
permanent caterer’s authorization to a licensee under an on-sale general
license. The authorization would authorize the on-site consumption of
the alcoholic beverages for which the licensee has on-sale privileges
on property that is adjacent to the licensed premises, as specified. The
bill would require the department to expedite the review of an
application for an authorization, as specified. By broadening the
definition of a crime, this bill would impose a state-mandated local
program.
(2) Existing law makes it a misdemeanor for a licensee under an
on-sale license issued for public premises, as defined, to permit a person
under the age of 21 years to enter and remain in the licensed premises
without lawful business therein.
This bill would permit a licensee under an on-sale license issued for
public premises to permit a person under the age of 21 years to enter
and remain in the licensed premises provided that alcoholic beverages
are not sold, served, or consumed on the premises during the time that
a person under the age of 21 years is present.
(3) Existing law provides for various annual fees for the issuance of
alcoholic beverage licenses, depending upon the type of license issued.
Existing law additionally authorizes specified alcoholic beverage
licensees to purchase advertising space and time from, or on behalf of,
an on-sale retail licensee, under certain conditions, if the on-sale retail
licensee is the owner, manager, agent of the owner, assignee of the
owner’s advertising rights, or major tenant of specified facilities.
This bill would authorize the department to issue a music venue
license that would allow the licensee to sell beer, wine, and distilled
spirits at retail for consumption on the premises in a music entertainment
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— 2 — SB 314
facility, as defined. The bill would impose an original fee and an annual
renewal fee for the license, which would be deposited in the Alcohol
Beverage Control Fund. The bill would provide for the purchases of
advertising time and space with revised parameters, including that the
parties submit a declaration to the department relating to the agreement
to purchase advertising time and space.
(4) Existing law requires the department to hold a hearing on a
protest, accusation, or petition for a license in the county in which the
premises or license is located, except as provided, and to be conducted
in accordance with specified administrative procedures.
This bill would require the department to a hearing described above
within 6 months after the filing of a protest, accusation, or petition for
a license.
(5) Existing law permits specified licensees, or their authorized
agents, to provide, free of charge, entertainment, food, and distilled
spirits, wine, or nonalcoholic beverages to consumers at an
invitation-only event, subject to various conditions, including a
limitation on the number of events the authorized person may conduct
in a year, as provided.
This bill would delete the above-described condition.
(2) Existing law requires a licensee or its authorized agent to, at
least 30 days prior to an event, apply to the department for a permit
authorizing the event and provide specified information to the
department, in addition to any other information required by the
department.
This bill would instead require the application and specified
information to be submitted 90 days prior to the event.
(6)
(3) Existing law, with exceptions, prohibits a licensee from having
having, upon the licensed premises premises, any alcoholic beverages
other than the alcoholic beverage that the licensee is authorized to sell
at the premises under their license, and makes a violation of this
prohibition punishable as a misdemeanor.
This bill would, as an exception to that prohibition, authorize 2 or
more on-sale general licensees whose licensed premises are immediately
adjacent to each other, as specified, to share a common licensed area
in which consumption of alcoholic beverages is permitted under various
circumstances a licensed manufacturer to share a common licensed
area with multiple licensed retailers, subject to specified provisions,
including, (A) a licensee sharing the common licensed area with a
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SB 314 — 3 —
licensed manufacturer is prohibited from selling or serving any alcoholic
beverages that are manufactured, produced, bottled, processed,
imported, rectified, distributed, represented, or sold by the
manufacturer, as provided, (B) no thing of value may be given or
furnished by the manufacturer to the retailers, except advertising or
promotion, as provided, (C) the manufacturer may have on the area
of its licensed premises that encompass the shared common licensed
area alcoholic beverages that would not otherwise be permitted on the
manufacturer’s licensed premises, as provided, (D) all licensees sharing
the common licensed area are required to hold the same license type
retailers, and (E) all licensees holding licenses within the shared
common licensed area are jointly responsible for compliance with all
laws that may subject their license to discipline.
This bill would provide that a licensee that shares a licensed premises
with another licensee but does not operate at the same time as the other
licensee is responsible for compliance with the act and for any violation
that occurs on the premises only during the time when that licensee
operates under its license.
(7) Under existing law, any person possessing an open container of
an alcoholic beverage in any city, county, or city and county-owned
public place, as specified, or any regional park or recreation and park
district, is guilty of an infraction if the city or county has enacted an
ordinance that prohibits the possession of those containers or the
consumption of alcoholic beverages in those areas, except as specified.
The Planning and Zoning Law authorizes the legislative body of any
city or county to adopt ordinances regulating zoning within its
jurisdiction, as specified.
This bill would authorize a city, including a charter city, county, or
city and county, to allow in commercial zones the consumption of
alcoholic beverages, including the possession of an open container of
an alcoholic beverage.
(8) This bill would make various conforming changes.
(9)
(4) 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.
(10)
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— 4 — SB 314
(5) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 23320 of the Business and Professions
line 2 Code is amended to read:
line 3 23320. (a) An applicant for a new permanent license, which
line 4 shall not include duplicate licenses, shall accompany the
line 5 application with the application fee as specified in this division:
line 6 (1) The license application fee for a new permanent license shall
line 7 be nine hundred five dollars ($905), except as otherwise specified.
line 8 (2) Applicants for a new permanent license of the following
line 9 types shall accompany the application with a fee of fifteen thousand
line 10 eight hundred thirty-five dollars ($15,835):
line 11 (A) Off-sale general (Type 21).
line 12 (B) On-sale general - eating place (Type 47), on-sale general
line 13 public premises (Type 48), special on-sale general (Type 57),
line 14 special on-sale general for-profit theater (Type 71 and Type 72),
line 15 brewpub-restaurant (Type 75), caterer’s (Type 83), neighborhood
line 16 restricted special on-sale (Type 87), special on-sale general license
line 17 for historic cemetery (Type 88), and music venue license (Type
line 18 90).
line 19 (3) Applicants for a new permanent license of the following
line 20 types shall accompany the application with a fee as indicated:
line 21 (A) Twelve thousand dollars ($12,000) for a wine, food and art
line 22 cultural museum (Type 78).
line 23 (B) Six thousand dollars ($6,000) for an on-sale general - eating
line 24 place on public property (Type 47), for an on-sale general
line 25 restrictive service (Type 70), and for a music venue on public
line 26 property (Type 90).
line 27 (C) Two thousand dollars ($2,000) for an on-sale general
line 28 dockside (Type 62).
line 29 (D) One thousand dollars ($1,000) for a special on-sale general
line 30 theater (Type 64).
line 31 (E) One hundred dollars ($100) for an out-of-state beer
line 32 manufacturer certificate (Type 26), for a distilled spirits shipper
line 33 certificate (Type 28), and for a direct shipper permit (Type 82).
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SB 314 — 5 —
line 1 (F) One hundred dollars ($100) for a still (Type 6).
line 2 (b) The following are the types of licenses and the annual fees
line 3 to be charged therefor:
line 4 (1) (A) For a Type 01 - Beer manufacturer that produces more
line 5 than 60,000 barrels per year: the fee through September 30, 2019,
line 6 is one thousand five hundred thirty-one dollars ($1,531) and the
line 7 fee on and after October 1, 2019, is one thousand eight hundred
line 8 ninety dollars ($1,890).
line 9 (B) For a Duplicate Type 01: the fee through September 30,
line 10 2019, is ninety-eight dollars ($98) and the fee on and after October
line 11 1, 2019, is four hundred thirty dollars ($430).
line 12 (2) (A) For a Type 02 - Winegrower (to be computed only on
line 13 the gallons produced); 5,000 gallons or less: the fee through
line 14 September 30, 2019, is seventy-one dollars ($71) and the fee on
line 15 and after October 1, 2019, is one hundred ten dollars ($110).
line 16 (B) For a Type 02 - Winegrower (to be computed only on the
line 17 gallons produced); 5,000 - 20,000 gallons: the fee through
line 18 September 30, 2019, is one hundred thirty-two dollars ($132) and
line 19 the fee on and after October 1, 2019, is one hundred sixty dollars
line 20 ($160).
line 21 (C) For a Type 02 - Winegrower (to be computed only on the
line 22 gallons produced); 20,000 - 100,000 gallons: the fee through
line 23 September 30, 2019, is two hundred thirty-nine dollars ($239) and
line 24 the fee on and after October 1, 2019, is three hundred twenty-five
line 25 dollars ($325).
line 26 (D) For a Type 02 - Winegrower (to be computed only on the
line 27 gallons produced); 100,000 - 200,000 gallons: the fee through
line 28 September 30, 2019, is three hundred fourteen dollars ($314) and
line 29 the fee on and after October 1, 2019, is three hundred eighty dollars
line 30 ($380).
line 31 (E) For a Type 02 - Winegrower (to be computed only on the
line 32 gallons produced); 200,000 - 1,000,000 gallons: the fee through
line 33 September 30, 2019, is four hundred sixty-six dollars ($466) and
line 34 the fee on and after October 1, 2019, is five hundred forty dollars
line 35 ($540).
line 36 (F) For a Type 02 - Winegrower (to be computed only on the
line 37 gallons produced); for each additional 1,000,000 gallons over
line 38 1,000,000 gallons: the fee through September 30, 2019, is three
line 39 hundred thirteen dollars ($313) and the fee on and after October
line 40 1, 2019, is three hundred eighty dollars ($380).
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— 6 — SB 314
line 1 (G) For a Duplicate Type 02: the fee through September 30,
line 2 2019, is ninety-eight dollars ($98) and the fee on and after October
line 3 1, 2019, is one hundred sixty dollars ($160).
line 4 (3) (A) For a Type 03 - Brandy manufacturer: the fee through
line 5 September 30, 2019, is three hundred eleven dollars ($311) and
line 6 the fee on and after October 1, 2019, is five hundred forty dollars
line 7 ($540).
line 8 (B) For a Duplicate Type 03: the fee through September 30,
line 9 2019, is two hundred eighty-four dollars ($284) and the fee on and
line 10 after October 1, 2019, is three hundred eighty dollars ($380).
line 11 (4) For a Type 04 - Distilled spirits manufacturer: the fee
line 12 through September 30, 2019, is five hundred ten dollars ($510)
line 13 and the fee on and after October 1, 2019, is five hundred ninety-five
line 14 dollars ($595).
line 15 (5) For a Type 05 - Distilled spirits manufacturer’s agent: the
line 16 fee through September 30, 2019, is five hundred ten dollars ($510)
line 17 and the fee on and after October 1, 2019, is five hundred ninety-five
line 18 dollars ($595).
line 19 (6) For a Type 06 - Still: the fee through September 30, 2019,
line 20 is seventy-seven dollars ($77) and the fee on and after October 1,
line 21 2019, is one hundred ten dollars ($110).
line 22 (7) For a Type 07 - Rectifier: the fee through September 30,
line 23 2019, is five hundred ten dollars ($510) and the fee on and after
line 24 October 1, 2019, is five hundred ninety-five dollars ($595).
line 25 (8) For a Type 08 - Wine rectifier: the fee through September
line 26 30, 2019, is five hundred ten dollars ($510) and the fee on and
line 27 after October 1, 2019, is five hundred ninety-five dollars ($595).
line 28 (9) For a Type 09 - Beer and wine importer: the fee through
line 29 September 30, 2019, is seventy-seven dollars ($77) and the fee on
line 30 and after October 1, 2019, is one hundred ten dollars ($110).
line 31 (10) For a Type 10 - Beer and wine importer’s general license:
line 32 the fee through September 30, 2019, is three hundred forty dollars
line 33 ($340) and the fee on and after October 1, 2019, is five hundred
line 34 forty dollars ($540).
line 35 (11) For a Type 11 - Brandy importer: the fee through September
line 36 30, 2019, is seventy-seven dollars ($77) and the fee on and after
line 37 October 1, 2019, is one hundred ten dollars ($110).
line 38 (12) For a Type 12 - Distilled spirits importer: the fee through
line 39 September 30, 2019, is seventy-seven dollars ($77) and the fee on
line 40 and after October 1, 2019, is one hundred ten dollars ($110).
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SB 314 — 7 —
line 1 (13) For a Type 13 - Distilled spirits importer’s general license:
line 2 the fee through September 30, 2019, is five hundred ten dollars
line 3 ($510) and the fee on and after October 1, 2019, is five hundred
line 4 ninety-five dollars ($595).
line 5 (14) (A) For a Type 14 - Public warehouse: the fee through
line 6 September 30, 2019, is seventy-seven dollars ($77) and the fee on
line 7 and after October 1, 2019, is one hundred ten dollars ($110).
line 8 (B) For a Duplicate Type 14: the fee through September 30,
line 9 2019, is one dollar ($1) and the fee on and after October 1, 2019,
line 10 is twenty-five dollars ($25).
line 11 (15) For a Type 15 - Customs broker: the fee through September
line 12 30, 2019, is seventy-seven dollars ($77) and the fee on and after
line 13 October 1, 2019, is one hundred ten dollars ($110).
line 14 (16) For a Type 16 - Wine broker: the fee through September
line 15 30, 2019, is one hundred three dollars ($103) and the fee on and
line 16 after October 1, 2019, is one hundred ten dollars ($110).
line 17 (17) For a Type 17 - Beer and wine wholesaler: the fee through
line 18 September 30, 2019, is three hundred forty dollars ($340) and the
line 19 fee on and after October 1, 2019, is three hundred eighty dollars
line 20 ($380).
line 21 (18) For a Type 18 - Distilled spirits wholesaler: the fee through
line 22 September 30, 2019, is five hundred ten dollars ($510) and the fee
line 23 on and after October 1, 2019, is five hundred ninety-five dollars
line 24 ($595).
line 25 (19) For a Type 19 - Industrial alcohol dealer: the fee through
line 26 September 30, 2019, is one hundred three dollars ($103) and the
line 27 fee on and after October 1, 2019, is one hundred ten dollars ($110).
line 28 (20) For a Type 20 - Off-sale beer and wine: the fee through
line 29 September 30, 2019, is two hundred seventy-eight dollars ($278)
line 30 and the fee on and after October 1, 2019, is three hundred eighty
line 31 dollars ($380).
line 32 (21) For a Type 21 - Off-sale general: the fee through September
line 33 30, 2019, is six hundred seventeen dollars ($617) and the fee on
line 34 and after October 1, 2019, is seven hundred fifty-five dollars
line 35 ($755).
line 36 (22) (A) For a Type 22 - Wine blender (to be computed only
line 37 on the gallons produced); 5,000 gallons or less: the fee through
line 38 September 30, 2019, is seventy-one dollars ($71) and the fee on
line 39 and after October 1, 2019, is one hundred ten dollars ($110).
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— 8 — SB 314
line 1 (B) For a Type 22 - Wine blender (to be computed only on the
line 2 gallons produced); 5,000 - 20,000 gallons: the fee through
line 3 September 30, 2019, is one hundred thirty-two dollars ($132) and
line 4 the fee on and after October 1, 2019, is one hundred sixty dollars
line 5 ($160).
line 6 (C) For a Type 22 - Wine blender (to be computed only on the
line 7 gallons produced); 20,000 gallons - 100,000 gallons: the fee
line 8 through September 30, 2019, is two hundred thirty-nine dollars
line 9 ($239) and the fee on and after October 1, 2019, is three hundred
line 10 twenty-five dollars ($325).
line 11 (D) For a Type 22 - Wine blender (to be computed only on the
line 12 gallons produced); 100,000 - 200,000 gallons: the fee through
line 13 September 30, 2019, is three hundred fourteen dollars ($314) and
line 14 the fee on and after October 1, 2019, is three hundred eighty dollars
line 15 ($380).
line 16 (E) For a Type 22 - Wine blender (to be computed only on the
line 17 gallons produced); 200,000 - 1,000,000 gallons: the fee through
line 18 September 30, 2019, is four hundred sixty-six dollars ($466) and
line 19 the fee on and after October 1, 2019, is five hundred forty dollars
line 20 ($540).
line 21 (F) For a Type 22 - Wine blender (to be computed only on the
line 22 gallons produced); for each additional 1,000,000 gallons over
line 23 1,000,000 gallons: the fee through September 30, 2019, is three
line 24 hundred thirteen dollars ($313) and the fee on and after October
line 25 1, 2019, is three hundred eighty dollars ($380).
line 26 (23) (A) For a Type 23 - Small beer manufacturer that produces
line 27 60,000 barrels or less a year: the fee through September 30, 2019,
line 28 is one hundred eighty-four dollars ($184) and the fee on and after
line 29 October 1, 2019, is three hundred eighty dollars ($380).
line 30 (B) For a Duplicate Type 23: the fee through September 30,
line 31 2019, is ninety-eight dollars ($98) and the fee on and after October
line 32 1, 2019, is two hundred fifteen dollars ($215).
line 33 (24) For a Type 24 - Distilled spirits rectifier’s general license:
line 34 the fee through September 30, 2019, is five hundred ten dollars
line 35 ($510) and the fee on and after October 1, 2019, is five hundred
line 36 ninety-five dollars ($595).
line 37 (25) For a Type 25 - California brandy wholesaler: the fee
line 38 through September 30, 2019, is five hundred ten dollars ($510)
line 39 and the fee on and after October 1, 2019, is five hundred ninety-five
line 40 dollars ($595).
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SB 314 — 9 —
line 1 (26) For a Type 26 - Out-of-state beer manufacturer certificate:
line 2 the fee through September 30, 2019, is seventy-nine dollars ($79)
line 3 and the fee on and after October 1, 2019, is one hundred ten dollars
line 4 ($110).
line 5 (27) For a Type 27 - California winegrower’s agent: the fee
line 6 through September 30, 2019, is five hundred ten dollars ($510)
line 7 and the fee on and after October 1, 2019, is five hundred ninety-five
line 8 dollars ($595).
line 9 (28) For a Type 28 - Out-of-state distilled spirits shipper
line 10 certificate: the fee through September 30, 2019, is seventy-nine
line 11 dollars ($79) and the fee on and after October 1, 2019, is one
line 12 hundred ten dollars ($110).
line 13 (29) For a Type 29 - Winegrape grower storage: the fee through
line 14 September 30, 2019, is ninety dollars ($90) and the fee on and
line 15 after October 1, 2019, is one hundred ten dollars ($110).
line 16 (30) For a Type 40 - On-sale beer: the fee through September
line 17 30, 2019, is two hundred eighty-four dollars ($284) and the fee on
line 18 and after October 1, 2019, is three hundred eighty dollars ($380).
line 19 (31) For a Type 41 - On-sale beer and wine eating place: the
line 20 fee through September 30, 2019, is three hundred eighty-four
line 21 dollars ($384) and the fee on and after October 1, 2019, is four
line 22 hundred thirty dollars ($430).
line 23 (32) For a Type 42 - On-sale beer and wine pub premises: the
line 24 fee through September 30, 2019, is two hundred eighty-four dollars
line 25 ($284) and the fee on and after October 1, 2019, is five hundred
line 26 forty dollars ($540).
line 27 (33) For a Type 43 - On-sale beer and wine train: the fee through
line 28 September 30, 2019, is one hundred fourteen dollars ($114) and
line 29 the fee on and after October 1, 2019, is one hundred sixty dollars
line 30 ($160).
line 31 (34) For a Type 44 - On-sale beer and wine fishing party boat:
line 32 the fee through September 30, 2019, is one hundred fourteen dollars
line 33 ($114) and the fee on and after October 1, 2019, is one hundred
line 34 sixty dollars ($160).
line 35 (35) For a Type 45 - On-sale beer and wine boat: the fee through
line 36 September 30, 2019, is one hundred fourteen dollars ($114) and
line 37 the fee on and after October 1, 2019, is one hundred sixty dollars
line 38 ($160).
line 39 (36) For a Type 46 - On-sale beer and wine airplane: the fee
line 40 through September 30, 2019, is one hundred fourteen dollars ($114)
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— 10 — SB 314
line 1 and the fee on and after October 1, 2019, is one hundred sixty
line 2 dollars ($160).
line 3 (37) (A) For a Type 47 - On-sale general eating place in cities
line 4 of 40,000 population or over: the fee through September 30, 2019,
line 5 is nine hundred seventy-one dollars ($971) and the fee on and after
line 6 October 1, 2019, is one thousand one hundred ninety dollars
line 7 ($1,190).
line 8 (B) For a Type 47 - On-sale general eating place in cities of less
line 9 than 40,000, but more than 20,000 population: the fee through
line 10 September 30, 2019, is seven hundred eleven dollars ($711) and
line 11 the fee on and after October 1, 2019, is nine hundred seventy
line 12 dollars ($970).
line 13 (C) For a Type 47 - On-sale general eating place in all other
line 14 localities: the fee through September 30, 2019, is six hundred
line 15 thirty-two dollars ($632) and the fee on and after October 1, 2019,
line 16 is seven hundred fifty-five dollars ($755).
line 17 (D) For a Duplicate Type 47 in cities of 40,000 population or
line 18 over: the fee through September 30, 2019, is six hundred
line 19 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 20 is seven hundred fifty-five dollars ($755).
line 21 (E) For a Duplicate Type 47 in cities of less than 40,000, but
line 22 more than 20,000 population: the fee through September 30, 2019,
line 23 is four hundred thirteen dollars ($413) and the fee on and after
line 24 October 1, 2019, is five hundred forty dollars ($540).
line 25 (F) For a Duplicate Type 47 in all other localities: the fee
line 26 through September 30, 2019, is three hundred twenty-six dollars
line 27 ($326) and the fee on and after October 1, 2019, is four hundred
line 28 thirty dollars ($430).
line 29 (38) (A) For a Type 48 - On-sale general public premises in
line 30 cities of 40,000 population or over: the fee through September 30,
line 31 2019, is nine hundred seventy-one dollars ($971) and the fee on
line 32 and after October 1, 2019, is one thousand one hundred ninety
line 33 dollars ($1,190).
line 34 (B) For a Type 48 - On-sale general public premises in cities
line 35 of less than 40,000, but more than 20,000 population: the fee
line 36 through September 30, 2019, is seven hundred eleven dollars
line 37 ($711) and the fee on and after October 1, 2019, is nine hundred
line 38 seventy dollars ($970).
line 39 (C) For a Type 48 - On-sale general public premises in all other
line 40 localities: the fee through September 30, 2019, is six hundred
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SB 314 — 11 —
line 1 thirty-two dollars ($632) and the fee on and after October 1, 2019,
line 2 is seven hundred fifty-five dollars ($755).
line 3 (D) For a Duplicate Type 48 in cities of 40,000 population or
line 4 over: the fee through September 30, 2019, is six hundred
line 5 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 6 is seven hundred fifty-five dollars ($755).
line 7 (E) For a Duplicate Type 48 in cities of less than 40,000, but
line 8 more than 20,000 population: the fee through September 30, 2019,
line 9 is four hundred thirteen dollars ($413) and the fee on and after
line 10 October 1, 2019, is five hundred forty dollars ($540).
line 11 (F) For a Duplicate Type 48 in all other localities: the fee
line 12 through September 30, 2019, is three hundred twenty-six dollars
line 13 ($326) and the fee on and after October 1, 2019, is four hundred
line 14 thirty dollars ($430).
line 15 (39) (A) For a Type 49 - On-sale general - seasonal business
line 16 in cities of 40,000 population or over per 3 months: the fee through
line 17 September 30, 2019, is two hundred forty-seven dollars ($247)
line 18 and the fee on and after October 1, 2019, is three hundred
line 19 twenty-five dollars ($325).
line 20 (B) For a Type 49 - On-sale general - seasonal business in cities
line 21 of 40,000 population or over per 6 months: the fee through
line 22 September 30, 2019, is four hundred ninety-four dollars ($494)
line 23 and the fee on and after October 1, 2019, is six hundred fifty dollars
line 24 ($650).
line 25 (C) For a Type 49 - On-sale general - seasonal business in cities
line 26 of 40,000 population or over per 9 months: the fee through
line 27 September 30, 2019, is seven hundred forty-one dollars ($741)
line 28 and the fee on and after October 1, 2019, is nine hundred seventy
line 29 dollars ($970).
line 30 (D) For a Type 49 - On-sale general - seasonal business in cities
line 31 of less than 40,000, but more than 20,000 population per 3 months:
line 32 the fee through September 30, 2019, is one hundred seventy-six
line 33 dollars ($176) and the fee on and after October 1, 2019, is two
line 34 hundred fifteen dollars ($215).
line 35 (E) For a Type 49 - On-sale general - seasonal business in cities
line 36 of less than 40,000, but more than 20,000 population per 6 months:
line 37 the fee through September 30, 2019, is three hundred fifty dollars
line 38 ($350) and the fee on and after October 1, 2019, is four hundred
line 39 thirty dollars ($430).
98
— 12 — SB 314
line 1 (F) For a Type 49 - On-sale general - seasonal business in cities
line 2 of less than 40,000, but more than 20,000 population per 9 months:
line 3 the fee through September 30, 2019, is five hundred twenty-six
line 4 dollars ($526) and the fee on and after October 1, 2019, is six
line 5 hundred fifty dollars ($650).
line 6 (G) For a Type 49 - On-sale general - seasonal business in all
line 7 other localities per 3 months: the fee through September 30, 2019,
line 8 is one hundred fifty-three dollars ($153) and the fee on and after
line 9 October 1, 2019, is one hundred sixty dollars ($160).
line 10 (H) For a Type 49 - On-sale general - seasonal business in all
line 11 other localities per 6 months: the fee through September 30, 2019,
line 12 is three hundred six dollars ($306) and the fee on and after October
line 13 1, 2019, is three hundred eighty dollars ($380).
line 14 (I) For a Type 49 - On-sale general - seasonal business in all
line 15 other localities per 9 months: the fee through September 30, 2019,
line 16 is four hundred fifty-eight dollars ($458) and the fee on and after
line 17 October 1, 2019, is five hundred forty dollars ($540).
line 18 (J) For a Duplicate Type 49 in cities of 40,000 population or
line 19 over per 3 months: the fee through September 30, 2019, is one
line 20 hundred seventy-six dollars ($176) and the fee on and after October
line 21 1, 2019, is two hundred fifteen dollars ($215).
line 22 (K) For a Duplicate Type 49 in cities of 40,000 population or
line 23 over per 6 months: the fee through September 30, 2019, is three
line 24 hundred fifty dollars ($350) and the fee on and after October 1,
line 25 2019, is four hundred thirty dollars ($430).
line 26 (L) For a Duplicate Type 49 in cities of 40,000 population or
line 27 over per 9 months: the fee through September 30, 2019, is five
line 28 hundred twenty-six dollars ($526) and the fee on and after October
line 29 1, 2019, is six hundred fifty dollars ($650).
line 30 (M) For a Duplicate Type 49 in cities of less than 40,000, but
line 31 more than 20,000 population or over per 3 months: the fee through
line 32 September 30, 2019, is one hundred three dollars ($103) and the
line 33 fee on and after October 1, 2019, is one hundred twenty-five dollars
line 34 ($125).
line 35 (N) For a Duplicate Type 49 in cities of less than 40,000, but
line 36 more than 20,000 per 6 months: the fee through September 30,
line 37 2019, is two hundred seven dollars ($207) and the fee on and after
line 38 October 1, 2019, is two hundred fifty dollars ($250).
line 39 (O) For a Duplicate Type 49 in cities of less than 40,000, but
line 40 more than 20,000 population or over per 9 months: the fee through
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SB 314 — 13 —
line 1 September 30, 2019, is three hundred eleven dollars ($311) and
line 2 the fee on and after October 1, 2019, is three hundred seventy-five
line 3 dollars ($375).
line 4 (P) For a Duplicate Type 49 in all other localities per 3 months:
line 5 the fee through September 30, 2019, is eighty-one dollars ($81)
line 6 and the fee on and after October 1, 2019, is one hundred ten dollars
line 7 ($110).
line 8 (Q) For a Duplicate Type 49 in all other localities per 6 months:
line 9 the fee through September 30, 2019, is one hundred sixty-six
line 10 dollars ($166) and the fee on and after October 1, 2019, is two
line 11 hundred fifteen dollars ($215).
line 12 (R) For a Duplicate Type 49 in all other localities per 9 months:
line 13 the fee through September 30, 2019, is two hundred forty-seven
line 14 dollars ($247) and the fee on and after October 1, 2019, is three
line 15 hundred twenty-five dollars ($325).
line 16 (40) (A) For a Type 50 - On-sale general license for bona fide
line 17 clubs in cities of 40,000 population or over: the fee through
line 18 September 30, 2019, is five hundred sixty dollars ($560) and the
line 19 fee on and after October 1, 2019, is six hundred fifty dollars ($650).
line 20 (B) For a Type 50 - On-sale general license for bona fide clubs
line 21 in cities of less than 40,000, but more than 20,000 population: the
line 22 fee through September 30, 2019, is four hundred twenty dollars
line 23 ($420) and the fee on and after October 1, 2019, is five hundred
line 24 forty dollars ($540).
line 25 (C) For a Type 50 - On-sale general license for bona fide clubs
line 26 in all other localities: the fee through September 30, 2019, is three
line 27 hundred seventy-three dollars ($373) and the fee on and after
line 28 October 1, 2019, is four hundred thirty dollars ($430).
line 29 (41) (A) For a Type 51 - Club license (issued under Article 4
line 30 of this chapter) in cities of 40,000 population or over: the fee
line 31 through September 30, 2019, is five hundred sixty dollars ($560)
line 32 and the fee on and after October 1, 2019, is six hundred fifty dollars
line 33 ($650).
line 34 (B) For a Type 51 - Club license (issued under Article 4 of this
line 35 chapter) in cities of less than 40,000, but more than 20,000
line 36 population: the fee through September 30, 2019, is four hundred
line 37 twenty dollars ($420) and the fee on and after October 1, 2019, is
line 38 five hundred forty dollars ($540).
line 39 (C) For a Type 51 - Club license (issued under Article 4 of this
line 40 chapter) in all other localities: the fee through September 30, 2019,
98
— 14 — SB 314
line 1 is three hundred seventy-three dollars ($373) and the fee on and
line 2 after October 1, 2019, is four hundred thirty dollars ($430).
line 3 (42) (A) For a Type 52 - Veterans’ club license (issued under
line 4 Article 5 of this chapter) in cities of 40,000 population or over:
line 5 the fee through September 30, 2019, is five hundred sixty dollars
line 6 ($560) and the fee on and after October 1, 2019, is six hundred
line 7 fifty dollars ($650).
line 8 (B) For a Type 52 - Veterans’ club license (issued under Article
line 9 5 of this chapter) in cities of less than 40,000, but more than 20,000
line 10 population: the fee through September 30, 2019, is four hundred
line 11 twenty dollars ($420) and the fee on and after October 1, 2019, is
line 12 five hundred forty dollars ($540).
line 13 (C) For a Type 52 - Veterans’ club license (issued under Article
line 14 5 of this chapter) in all other localities: the fee through September
line 15 30, 2019, is three hundred seventy-three dollars ($373) and the fee
line 16 on and after October 1, 2019, is four hundred thirty dollars ($430).
line 17 (43) (A) For a Type 53 - On-sale general train: the fee through
line 18 September 30, 2019, is two hundred seventeen dollars ($217) and
line 19 the fee on and after October 1, 2019, is three hundred twenty-five
line 20 dollars ($325).
line 21 (B) For a Duplicate Type 53: the fee through September 30,
line 22 2019, is seventy-seven dollars ($77) and the fee on and after
line 23 October 1, 2019, is one hundred ten dollars ($110).
line 24 (44) For a Type 54 - On-sale general boat: the fee through
line 25 September 30, 2019, is five hundred sixty-three dollars ($563) and
line 26 the fee on and after October 1, 2019, is six hundred fifty dollars
line 27 ($650).
line 28 (45) (A) For a Type 55 - On-sale general license for airplanes:
line 29 the fee through September 30, 2019, is five hundred sixty-three
line 30 dollars ($563) and the fee on and after October 1, 2019, is six
line 31 hundred fifty dollars ($650).
line 32 (B) For a Duplicate Type 55 for air common carriers: the fee
line 33 through September 30, 2019, is seventy-seven dollars ($77) and
line 34 the fee on and after October 1, 2019, is one hundred ten dollars
line 35 ($110).
line 36 (46) (A) For a Type 56 - On-sale general license for vessels of
line 37 more than 1,000 tons burden: the fee through September 30, 2019,
line 38 is two hundred seventeen dollars ($217) and the fee on and after
line 39 October 1, 2019, is three hundred twenty-five dollars ($325).
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SB 314 — 15 —
line 1 (B) For a Duplicate Type 56: the fee through September 30,
line 2 2019, is seventy-seven dollars ($77) and the fee on and after
line 3 October 1, 2019, is one hundred ten dollars ($110).
line 4 (47) (A) For a Type 57 - Special on-sale general in cities of
line 5 40,000 population or over: the fee through September 30, 2019,
line 6 is nine hundred seventy-one dollars ($971) and the fee on and after
line 7 October 1, 2019, is one thousand one hundred ninety dollars
line 8 ($1,190).
line 9 (B) For a Type 57 - Special on-sale general in cities of less than
line 10 40,000, but more than 20,000 population: the fee through
line 11 September 30, 2019, is seven hundred eleven dollars ($711) and
line 12 the fee on and after October 1, 2019, is nine hundred seventy
line 13 dollars ($970).
line 14 (C) For a Type 57 - Special on-sale general in all other localities:
line 15 the fee through September 30, 2019, is six hundred thirty-two
line 16 dollars ($632) and the fee on and after October 1, 2019, is seven
line 17 hundred fifty-five dollars ($755).
line 18 (D) For a Duplicate Type 57 in cities of 40,000 population or
line 19 over: the fee through September 30, 2019, is six hundred
line 20 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 21 is seven hundred fifty-five dollars ($755).
line 22 (E) For a Duplicate Type 57 in cities of less than 40,000, but
line 23 more than 20,000 population: the fee through September 30, 2019,
line 24 is four hundred thirteen dollars ($413) and the fee on and after
line 25 October 1, 2019, is five hundred forty dollars ($540).
line 26 (F) For a Duplicate Type 57 in all other localities: the fee
line 27 through September 30, 2019, is three hundred twenty-six dollars
line 28 ($326) and the fee on and after October 1, 2019, is four hundred
line 29 thirty dollars ($430).
line 30 (48) (A) For a Type 58 - Caterer’s permit; on-sale general or
line 31 on-sale beer and wine: the fee through September 30, 2019, is one
line 32 hundred forty-six dollars ($146) and the fee on and after October
line 33 1, 2019, is two hundred fifteen dollars ($215).
line 34 (B) For a Type 58 - Caterer’s permit; club in cities of 40,000
line 35 population or over: the fee through September 30, 2019, is nine
line 36 hundred seventy-one dollars ($971) and the fee on and after
line 37 October 1, 2019, is one thousand one hundred ninety dollars
line 38 ($1,190).
line 39 (C) For a Type 58 - Caterer’s permit; club in cities of less than
line 40 40,000, but more than 20,000 population: the fee through
98
— 16 — SB 314
line 1 September 30, 2019, is seven hundred eleven dollars ($711) and
line 2 the fee on and after October 1, 2019, is nine hundred seventy
line 3 dollars ($970).
line 4 (D) For a Type 58 - Caterer’s permit; club in all other localities:
line 5 the fee through September 30, 2019, is six hundred thirty-two
line 6 dollars ($632) and the fee on and after October 1, 2019, is seven
line 7 hundred fifty-five dollars ($755).
line 8 (49) (A) For a Type 59 - On-sale beer and wine seasonal;
line 9 operating period 3-9 months: the fee through September 30, 2019,
line 10 is two hundred thirty-nine dollars ($239) and the fee on and after
line 11 October 1, 2019, is two hundred fifty dollars ($250).
line 12 (B) For a Type 59 - On-sale beer and wine seasonal; operating
line 13 period 3-6 months: the fee through September 30, 2019, is one
line 14 hundred sixty-two dollars ($162) and the fee on and after October
line 15 1, 2019, is one hundred seventy-five dollars ($175).
line 16 (50) (A) For a Type 60 - On-sale beer seasonal; operating period
line 17 3-9 months: the fee through September 30, 2019, is two hundred
line 18 thirty-nine dollars ($239) and the fee on and after October 1, 2019,
line 19 is two hundred fifty dollars ($250).
line 20 (B) For a Type 60 - On-sale beer seasonal; operating period 3-6
line 21 months: the fee through September 30, 2019, is one hundred
line 22 sixty-two dollars ($162) and the fee on and after October 1, 2019,
line 23 is one hundred seventy-five dollars ($175).
line 24 (51) For a Type 61 - On-sale beer public premises: the fee
line 25 through September 30, 2019, is two hundred eighty-four dollars
line 26 ($284) and the fee on and after October 1, 2019, is three hundred
line 27 eighty dollars ($380).
line 28 (52) For a Type 62 - On-sale general license dockside: the fee
line 29 through September 30, 2019, is six hundred nine dollars ($609)
line 30 and the fee on and after October 1, 2019, is seven hundred fifty-five
line 31 dollars ($755).
line 32 (53) For a Type 63 - On-sale special beer and wine hospital:
line 33 the fee through September 30, 2019, is ninety-six dollars ($96)
line 34 and the fee on and after October 1, 2019, is one hundred ten dollars
line 35 ($110).
line 36 (54) (A) For a Type 64 - Special on-sale general theater in cities
line 37 of 40,000 population or over: the fee through September 30, 2019,
line 38 is five hundred sixty dollars ($560) and the fee on and after October
line 39 1, 2019, is seven hundred fifty-five dollars ($755).
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SB 314 — 17 —
line 1 (B) For a Type 64 - Special on-sale general theater in cities of
line 2 less than 40,000, but more than 20,000 population: the fee through
line 3 September 30, 2019, is four hundred twenty dollars ($420) and
line 4 the fee on and after October 1, 2019, is five hundred forty dollars
line 5 ($540).
line 6 (C) For a Type 64 - Special on-sale general theater in all other
line 7 localities: the fee through September 30, 2019, is three hundred
line 8 seventy-three dollars ($373) and the fee on and after October 1,
line 9 2019, is four hundred thirty dollars ($430).
line 10 (55) For a Type 65 - Special on-sale beer and wine symphony:
line 11 the fee through September 30, 2019, is two hundred eighty-four
line 12 dollars ($284) and the fee on and after October 1, 2019, is four
line 13 hundred thirty dollars ($430).
line 14 (56) For a Type 66 - Controlled access cabinet: the fee through
line 15 September 30, 2019, is six hundred seventeen dollars ($617) and
line 16 the fee on and after October 1, 2019, is seven hundred fifty-five
line 17 dollars ($755).
line 18 (57) For a Type 67 - Bed and breakfast inn; per room: the fee
line 19 through September 30, 2019, is eight dollars ($8) and the fee on
line 20 and after October 1, 2019, is ten dollars ($10).
line 21 (58) (A) For a Type 68 - Portable bar in cities of 40,000
line 22 population or over: the fee through September 30, 2019, is six
line 23 hundred ninety-nine dollars ($699) and the fee on and after October
line 24 1, 2019, is seven hundred fifty-five dollars ($755).
line 25 (B) For a Type 68 - Portable bar in cities of less than 40,000,
line 26 but more than 20,000 population: the fee through September 30,
line 27 2019, is four hundred thirteen dollars ($413) and the fee on and
line 28 after October 1, 2019, is five hundred forty dollars ($540).
line 29 (C) For a Type 68 - Portable bar in all other localities: the fee
line 30 through September 30, 2019, is three hundred twenty-six dollars
line 31 ($326) and the fee on and after October 1, 2019, is four hundred
line 32 thirty dollars ($430).
line 33 (59) For a Type 69 - Special on-sale beer and wine theater: the
line 34 fee through September 30, 2019, is two hundred eighty-four dollars
line 35 ($284) and the fee on and after October 1, 2019, is four hundred
line 36 thirty dollars ($430).
line 37 (60) (A) For a Type 70 - On-sale general restrictive service in
line 38 cities of 40,000 population or over: the fee through September 30,
line 39 2019, is nine hundred seventy-one dollars ($971) and the fee on
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— 18 — SB 314
line 1 and after October 1, 2019, is one thousand one hundred ninety
line 2 dollars ($1,190).
line 3 (B) For a Type 70 - On-sale general restrictive service in cities
line 4 of less than 40,000, but more than 20,000 population: the fee
line 5 through September 30, 2019, is seven hundred eleven dollars
line 6 ($711) and the fee on and after October 1, 2019, is nine hundred
line 7 seventy dollars ($970).
line 8 (C) For a Type 70 - On-sale general restrictive service in all
line 9 other localities: the fee through September 30, 2019, is six hundred
line 10 thirty-two dollars ($632) and the fee on and after October 1, 2019,
line 11 is seven hundred fifty-five dollars ($755).
line 12 (61) (A) For a Type 71 - Special on-sale general for-profit
line 13 theater in cities of 40,000 population or over: the fee through
line 14 September 30, 2019, is nine hundred seventy-one dollars ($971)
line 15 and the fee on and after October 1, 2019, is one thousand one
line 16 hundred ninety dollars ($1,190).
line 17 (B) For a Type 71 - Special on-sale general for-profit theater in
line 18 cities of less than 40,000, but more than 20,000 population: the
line 19 fee through September 30, 2019, is seven hundred eleven dollars
line 20 ($711) and the fee on and after October 1, 2019, is nine hundred
line 21 seventy dollars ($970).
line 22 (C) For a Type 71 - Special on-sale general for-profit theater in
line 23 all other localities: the fee through September 30, 2019, is six
line 24 hundred thirty-two dollars ($632) and the fee on and after October
line 25 1, 2019, is seven hundred fifty-five dollars ($755).
line 26 (D) For a Duplicate Type 71 in cities of 40,000 population or
line 27 over: the fee through September 30, 2019, is six hundred
line 28 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 29 is seven hundred fifty-five dollars ($755).
line 30 (E) For a Duplicate Type 71 in cities of less than 40,000, but
line 31 more than 20,000 population: the fee through September 30, 2019,
line 32 is four hundred thirteen dollars ($413) and the fee on and after
line 33 October 1, 2019, is five hundred forty dollars ($540).
line 34 (F) For a Duplicate Type 71 in all other localities: the fee
line 35 through September 30, 2019, is three hundred twenty-six dollars
line 36 ($326) and the fee on and after October 1, 2019, is four hundred
line 37 thirty dollars ($430).
line 38 (62) (A) For a Type 72 - Special on-sale general for-profit
line 39 theater, Napa County in cities of 40,000 population or over: the
line 40 fee through September 30, 2019, is nine hundred seventy-one
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SB 314 — 19 —
line 1 dollars ($971) and the fee on and after October 1, 2019, is one
line 2 thousand one hundred ninety dollars ($1,190).
line 3 (B) For a Type 72 - Special on-sale general for-profit theater,
line 4 Napa County in cities of less than 40,000, but more than 20,000
line 5 population: the fee through September 30, 2019, is seven hundred
line 6 eleven dollars ($711) and the fee on and after October 1, 2019, is
line 7 nine hundred seventy dollars ($970).
line 8 (C) For a Type 72 - Special on-sale general for-profit theater,
line 9 Napa County in all other localities: the fee through September 30,
line 10 2019, is six hundred thirty-two dollars ($632) and the fee on and
line 11 after October 1, 2019, is seven hundred fifty-five dollars ($755).
line 12 (D) For a Duplicate Type 72 in cities of 40,000 population or
line 13 over: the fee through September 30, 2019, is six hundred
line 14 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 15 is seven hundred fifty-five dollars ($755).
line 16 (E) For a Duplicate Type 72 in cities of less than 40,000, but
line 17 more than 20,000 population: the fee through September 30, 2019,
line 18 is four hundred thirteen dollars ($413) and the fee on and after
line 19 October 1, 2019, is five hundred forty dollars ($540).
line 20 (F) For a Duplicate Type 72 in all other localities: the fee
line 21 through September 30, 2019, is three hundred twenty-six dollars
line 22 ($326) and the fee on and after October 1, 2019, is four hundred
line 23 thirty dollars ($430).
line 24 (63) For a Type 73 - Special nonprofit sales: the fee through
line 25 September 30, 2019, is one hundred fourteen dollars ($114) and
line 26 the fee on and after October 1, 2019, is one hundred sixty dollars
line 27 ($160).
line 28 (64) For a Type 74 - Craft distilled spirits manufacturer: the fee
line 29 through September 30, 2019, is five hundred ten dollars ($510)
line 30 and the fee on and after October 1, 2019, is seven hundred fifty-five
line 31 dollars ($755).
line 32 (65) (A) For a Type 75 - Brewpub-restaurant in cities of 40,000
line 33 population or over: the fee through September 30, 2019, is nine
line 34 hundred seventy-one dollars ($971) and the fee on and after
line 35 October 1, 2019, is one thousand one hundred ninety dollars
line 36 ($1,190).
line 37 (B) For a Type 75 - Brewpub-restaurant in cities of less than
line 38 40,000, but more than 20,000 population: the fee through
line 39 September 30, 2019, is seven hundred eleven dollars ($711) and
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— 20 — SB 314
line 1 the fee on and after October 1, 2019, is nine hundred seventy
line 2 dollars ($970).
line 3 (C) For a Type 75 - Brewpub-restaurant in all other localities:
line 4 the fee through September 30, 2019, is six hundred thirty-two
line 5 dollars ($632) and the fee on and after October 1, 2019, is seven
line 6 hundred fifty-five dollars ($755).
line 7 (D) For a Duplicate Type 75 in cities of 40,000 population or
line 8 over: the fee through September 30, 2019, is six hundred
line 9 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 10 is seven hundred fifty-five dollars ($755).
line 11 (E) For a Duplicate Type 75 in cities of less than 40,000, but
line 12 more than 20,000 population: the fee through September 30, 2019,
line 13 is four hundred thirteen dollars ($413) and the fee on and after
line 14 October 1, 2019, is five hundred forty dollars ($540).
line 15 (F) For a Duplicate Type 75 in all other localities: the fee
line 16 through September 30, 2019, is three hundred twenty-six dollars
line 17 ($326) and the fee on and after October 1, 2019, is four hundred
line 18 thirty dollars ($430).
line 19 (66) (A) For a Type 76 - On-sale general maritime museum:
line 20 the fee through September 30, 2019, is two hundred seventeen
line 21 dollars ($217) and the fee on and after October 1, 2019, is three
line 22 hundred twenty-five dollars ($325).
line 23 (B) For a Duplicate Type 76: the fee through September 30,
line 24 2019, is seventy-seven dollars ($77) and the fee on and after
line 25 October 1, 2019, is one hundred ten dollars ($110).
line 26 (67) For a Type 77 - Event permit: the fee through September
line 27 30, 2019, is one hundred forty-six dollars ($146) and the fee on
line 28 and after October 1, 2019, is two hundred fifteen dollars ($215).
line 29 (68) (A) For a Type 78 - On-sale general wine, food and art
line 30 cultural museum in cities of 40,000 population or over: the fee
line 31 through September 30, 2019, is nine hundred seventy-one dollars
line 32 ($971) and the fee on and after October 1, 2019, is one thousand
line 33 one hundred ninety dollars ($1,190).
line 34 (B) For a Type 78 - On-sale general wine, food and art cultural
line 35 museum in cities of less than 40,000, but more than 20,000
line 36 population: the fee through September 30, 2019, is seven hundred
line 37 eleven dollars ($711) and the fee on and after October 1, 2019, is
line 38 nine hundred seventy dollars ($970).
line 39 (C) For a Type 78 - On-sale general wine, food and art cultural
line 40 museum in all other localities: the fee through September 30, 2019,
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SB 314 — 21 —
line 1 is six hundred thirty-two dollars ($632) and the fee on and after
line 2 October 1, 2019, is seven hundred fifty-five dollars ($755).
line 3 (D) For a Duplicate Type 78 in cities of 40,000 population or
line 4 over: the fee through September 30, 2019, is six hundred
line 5 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 6 is seven hundred fifty-five dollars ($755).
line 7 (E) For a Duplicate Type 78 in cities of less than 40,000, but
line 8 more than 20,000 population: the fee through September 30, 2019,
line 9 is four hundred thirteen dollars ($413) and the fee on and after
line 10 October 1, 2019, is five hundred forty dollars ($540).
line 11 (F) For a Duplicate Type 78 in all other localities: the fee
line 12 through September 30, 2019, is three hundred twenty-six dollars
line 13 ($326) and the fee on and after October 1, 2019, is four hundred
line 14 thirty dollars ($430).
line 15 (69) For a Type 79 - Certified farmers’ market: the fee through
line 16 September 30, 2019, is fifty-eight dollars ($58) and the fee on and
line 17 after October 1, 2019, is one hundred ten dollars ($110).
line 18 (70) For a Type 80 - Special on-sale general; per room: the fee
line 19 through September 30, 2019, is seventeen dollars ($17) and the
line 20 fee on and after October 1, 2019, is twenty dollars ($20).
line 21 (71) For a Type 81 - Wine sales event permit: the fee through
line 22 September 30, 2019, is fifty dollars ($50) and the fee on and after
line 23 October 1, 2019, is one hundred ten dollars ($110).
line 24 (72) For a Type 82 - Direct shipper permit: the fee through
line 25 September 30, 2019, is ten dollars ($10) and the fee on and after
line 26 October 1, 2019, is twenty-five dollars ($25).
line 27 (73) (A) For a Type 83 - On-sale general caterer’s permit in
line 28 cities of 40,000 population or over: the fee through September 30,
line 29 2019, is nine hundred seventy-one dollars ($971) and the fee on
line 30 and after October 1, 2019, is one thousand one hundred ninety
line 31 dollars ($1,190).
line 32 (B) For a Type 83 - On-sale general caterer’s permit in cities
line 33 of less than 40,000, but more than 20,000 population: the fee
line 34 through September 30, 2019, is seven hundred eleven dollars
line 35 ($711) and the fee on and after October 1, 2019, is nine hundred
line 36 seventy dollars ($970).
line 37 (C) For a Type 83 - On-sale general caterer’s permit in all other
line 38 localities: the fee through September 30, 2019, is six hundred
line 39 thirty-two dollars ($632) and the fee on and after October 1, 2019,
line 40 is seven hundred fifty-five dollars ($755).
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— 22 — SB 314
line 1 (74) For a Type 84 - Certified farmers’ market beer: the fee
line 2 through September 30, 2019, is fifty-eight dollars ($58) and the
line 3 fee on and after October 1, 2019, is one hundred ten dollars ($110).
line 4 (75) For a Type 85 - Limited off-sale wine license: the fee
line 5 through September 30, 2019, is two hundred seventy-eight dollars
line 6 ($278) and the fee on and after October 1, 2019, is three hundred
line 7 eighty dollars ($380).
line 8 (76) For a Type 86 - Instructional tasting license: the fee through
line 9 September 30, 2019, is three hundred dollars ($300) and the fee
line 10 on and after October 1, 2019, is three hundred eighty dollars
line 11 ($380).
line 12 (77) (A) For a Type 87 - Neighborhood restricted special
line 13 on-sale in cities of 40,000 population or over: the fee through
line 14 September 30, 2019, is nine hundred seventy-one dollars ($971)
line 15 and the fee on and after October 1, 2019, is one thousand one
line 16 hundred ninety dollars ($1,190).
line 17 (B) For a Type 87 - Neighborhood restricted special on-sale in
line 18 cities of less than 40,000, but more than 20,000 population: the
line 19 fee through September 30, 2019, is seven hundred eleven dollars
line 20 ($711) and the fee on and after October 1, 2019, is nine hundred
line 21 seventy dollars ($970).
line 22 (C) For a Type 87 - Neighborhood restricted special on-sale in
line 23 all other localities: the fee through September 30, 2019, is six
line 24 hundred thirty-two dollars ($632) and the fee on and after October
line 25 1, 2019, is seven hundred fifty-five dollars ($755).
line 26 (D) For a Duplicate Type 87 in cities of 40,000 population or
line 27 over: the fee through September 30, 2019, is six hundred
line 28 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 29 is seven hundred fifty-five dollars ($755).
line 30 (E) For a Duplicate Type 87 in cities of less than 40,000, but
line 31 more than 20,000 population: the fee through September 30, 2019,
line 32 is four hundred thirteen dollars ($413) and the fee on and after
line 33 October 1, 2019, is five hundred forty dollars ($540).
line 34 (F) For a Duplicate Type 87 in all other localities: the fee
line 35 through September 30, 2019, is three hundred twenty-six dollars
line 36 ($326) and the fee on and after October 1, 2019, is four hundred
line 37 thirty dollars ($430).
line 38 (78) (A) For a Type 88 - Special on-sale general license for
line 39 historic cemetery in cities of 40,000 population or over: the fee
line 40 through September 30, 2019, is nine hundred seventy-one dollars
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SB 314 — 23 —
line 1 ($971) and the fee on and after October 1, 2019, is one thousand
line 2 one hundred ninety dollars ($1,190).
line 3 (B) For a Type 88 - Special on-sale general license for historic
line 4 cemetery in cities of less than 40,000, but more than 20,000
line 5 population: the fee through September 30, 2019, is seven hundred
line 6 eleven dollars ($711) and the fee on and after October 1, 2019, is
line 7 nine hundred seventy dollars ($970).
line 8 (C) For a Type 88 - Special on-sale general license for historic
line 9 cemetery in all other localities: the fee through September 30,
line 10 2019, is six hundred thirty-two dollars ($632) and the fee on and
line 11 after October 1, 2019, is seven hundred fifty-five dollars ($755).
line 12 (D) For a Duplicate Type 88 in cities of 40,000 population or
line 13 over: the fee through September 30, 2019, is six hundred
line 14 ninety-nine dollars ($699) and the fee on and after October 1, 2019,
line 15 is seven hundred fifty-five dollars ($755).
line 16 (E) For a Duplicate Type 88 in cities of less than 40,000, but
line 17 more than 20,000 population: the fee through September 30, 2019,
line 18 is four hundred thirteen dollars ($413) and the fee on and after
line 19 October 1, 2019, is five hundred forty dollars ($540).
line 20 (F) For a Duplicate Type 88 in all other localities: the fee
line 21 through September 30, 2019, is three hundred twenty-six dollars
line 22 ($326) and the fee on and after October 1, 2019, is four hundred
line 23 thirty dollars ($430).
line 24 (79) For a Type 89 - COVID-19 permanent caterer’s
line 25 authorization: the fee is one hundred dollars ($100).
line 26 (80) For a Type 90 - Music venue license in cities of 40,000
line 27 population or over: the fee is one thousand one hundred ninety
line 28 dollars ($1,190).
line 29 (81) For a Type 90 - Music venue license in cities of less than
line 30 40,000, but more than 20,000 population: the fee is nine hundred
line 31 seventy dollars ($970).
line 32 (82) For a Type 90 - Music venue license in all other localities:
line 33 the fee is seven hundred fifty-five dollars ($755).
line 34 (c) (1) In addition to the application fee for a new permanent
line 35 license as specified in subdivision (a), an annual renewal fee, as
line 36 set forth in subdivision (b), shall accompany the application. The
line 37 application fee shall be nonrefundable up to the amount of the
line 38 application fee in paragraph (1) of subdivision (a), as adjusted by
line 39 subdivisions (d) and (e). The annual fee provided at the time of
line 40 application shall allow the license to be active for one year from
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line 1 the date of issuance and shall be refundable only in the event that
line 2 the license application is withdrawn or denied.
line 3 (2) If an application includes multiple new permanent licenses
line 4 to be issued at the same premises, the application fee shall be
line 5 required for only one of the applied-for licenses and an application
line 6 fee shall not be charged for the remainder of the licenses. In
line 7 situations involving different license types, the application fee to
line 8 be paid shall be the highest such fee as specified in subdivision
line 9 (a). Notwithstanding this provision, the annual renewal fee required
line 10 pursuant to this subdivision shall be payable for each license.
line 11 (d) Beginning January 1, 2021, and each January 1 thereafter,
line 12 the department may adjust each of the fees specified in this section
line 13 by increasing each fee by an amount not to exceed the percentage
line 14 that the California Consumer Price Index (California Department
line 15 of Industrial Relations, Division of Labor Statistics and Research,
line 16 All Items, Base Period 1982-84=100) for the preceding August
line 17 2019, and each August annually thereafter, has increased under
line 18 the same index over the month of August 2018, which shall be the
line 19 base period. The department shall not adjust fees pursuant to this
line 20 section if the balance of the Alcohol Beverage Control Fund at the
line 21 end of the prior fiscal year is greater than one-fourth of the
line 22 department’s appropriation from the Alcohol Beverage Control
line 23 Fund for the current fiscal year. No fee shall be decreased pursuant
line 24 to this adjustment below the fee currently in effect on each
line 25 December 31. If the accumulation of percentage increases is greater
line 26 than 8 percent, the department shall not adjust fees without the
line 27 Legislature’s approval through the budget process. In the event
line 28 that this index is discontinued, the department shall consult with
line 29 the Department of Finance to convert the increase calculations to
line 30 an index then available. When approved by the Department of
line 31 Finance, the new index shall replace the discontinued index.
line 32 (e) When fees are adjusted pursuant to subdivision (d), the
line 33 department shall calculate the percentage increase as specified in
line 34 that subdivision and shall apply this increase to each fee. The
line 35 increase to each fee shall be rounded to the nearest whole five
line 36 dollars ($5). The adjusted fee list, to be effective on January 1 of
line 37 the upcoming year, shall be published by the department on its
line 38 internet website and transmitted in writing to the Chairperson of
line 39 the Joint Legislative Budget Committee no later than January 10
line 40 of the year before it becomes effective. This adjustment of fees
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SB 314 — 25 —
line 1 and publication of the adjusted fee list is not subject to the
line 2 requirements of Chapter 3.5 (commencing with Section 11340) of
line 3 Part 1 of Division 3 of Title 2 of the Government Code.
line 4 SEC. 2. Section 23398.9 is added to the Business and
line 5 Professions Code, to read:
line 6 23398.9. (a) A licensee under an on-sale general license, may
line 7 apply to the department for a COVID-19 permanent caterer’s
line 8 authorization. A licensee shall not be required to have a caterer’s
line 9 permit issued pursuant to Section 23399 to qualify for this
line 10 authorization. The COVID-19 permanent caterer’s authorization
line 11 authorizes the on-site consumption of those alcoholic beverages
line 12 for which the licensee has on-sale privileges on property that is
line 13 adjacent to the licensed premises and that is under the control of
line 14 the licensee.
line 15 (b) Adjacent areas under the control of the licensee include, but
line 16 are not limited to, all of the following:
line 17 (1) Indoor areas that are accessible from within the licensed
line 18 premises but not currently licensed.
line 19 (2) Outdoor areas that are accessible from the licensed premises
line 20 but not currently licensed.
line 21 (3) Indoor and outdoor areas under the control of the licensee
line 22 and one or more other businesses.
line 23 (4) Parking lots.
line 24 (5) Sidewalks and other public thoroughfares that are closed to
line 25 public access during the period of service.
line 26 (6) Other areas within close proximity to the licensed premises
line 27 that are immediately accessible to the licensee, and that are secured
line 28 by and under the control of the licensee.
line 29 (c) In all adjacent areas described in subdivision (b), the licensee
line 30 may exercise only those privileges authorized by the licensee’s
line 31 license and shall comply with all provisions of the act pertaining
line 32 to the conduct of on-sale premises. A violation of those provisions
line 33 may be grounds for suspension or revocation of the licensee’s
line 34 license or authorization, or both, as though the violation occurred
line 35 on the licensed premises.
line 36 (d) (1) If the authorized adjacent area is utilized by one or more
line 37 other licensees, all licensees sharing the area shall be jointly
line 38 responsible for compliance with all applicable laws and rules
line 39 pertaining to their respective licenses and authorizations and for
line 40 any violations that occur within the shared common authorized
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line 1 adjacent area. A licensee may terminate its liability for a shared
line 2 common authorized area by canceling its COVID-19 permanent
line 3 caterer’s authorization at any time.
line 4 (2) Each licensee sharing the common authorized adjacent area
line 5 shall have a separate COVID-19 permanent caterer’s authorization.
line 6 (3) An on-sale public premises licensee shall not share an area
line 7 with a nonpublic premises licensee.
line 8 (e) Licensees who possess an active COVID-19 temporary
line 9 catering authorization on January 1, 2022, issued by the department
line 10 may continue operating pursuant to that authorization until it
line 11 expires. Thereafter, the licensee may apply for a COVID-19
line 12 permanent caterer’s authorization pursuant to this section.
line 13 (f) The fee for a COVID-19 permanent caterer’s authorization
line 14 shall be the annual fee as specified in subdivision (b) of Section
line 15 23320 and the permit may be renewable annually at the same time
line 16 as the licensee’s license. A COVID-19 permanent caterer’s
line 17 authorization shall be transferable as a part of the license.
line 18 (g) The department shall expedite the review of an application
line 19 for a COVID-19 permanent caterer’s authorization and shall
line 20 approve or deny an application no later than six months after
line 21 receiving the application.
line 22 SEC. 3.
line 23 SECTION 1. Section 23399 of the Business and Professions
line 24 Code is amended to read:
line 25 23399. (a) An on-sale general license authorizes the sale of
line 26 beer, wine, and distilled spirits for consumption on the premises
line 27 where sold. Any licensee under an on-sale general license, an
line 28 on-sale beer and wine license, a club license, or a veterans’ club
line 29 license may apply to the department for a caterer’s permit. A
line 30 caterer’s permit under an on-sale general license shall authorize
line 31 the sale of beer, wine, and distilled spirits for consumption at
line 32 conventions, sporting events, trade exhibits, picnics, social
line 33 gatherings, or similar events held any place in the state approved
line 34 by the department. A caterer’s permit under an on-sale beer and
line 35 wine license shall authorize the sale of beer and wine for
line 36 consumption at conventions, sporting events, trade exhibits,
line 37 picnics, social gatherings, or similar events held any place in the
line 38 state approved by the department. A caterer’s permit under a club
line 39 license or a veterans’ club license shall authorize sales at these
line 40 events only upon the licensed club premises.
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SB 314 — 27 —
line 1 (b) Any licensee under an on-sale general license or an on-sale
line 2 beer and wine license may apply to the department for an event
line 3 permit. An event permit under an on-sale general license or an
line 4 on-sale beer and wine license shall authorize, at events held no
line 5 more frequently than four days in any single calendar year, the
line 6 sale of beer, wine, and distilled spirits only under an on-sale general
line 7 license or beer and wine only under an on-sale beer and wine
line 8 license for consumption on property adjacent to the licensed
line 9 premises and owned or under the control of the licensee. This
line 10 property shall be secured and controlled by the licensee and not
line 11 visible to the general public.
line 12 (c) (1) This section shall in no way limit the power of the
line 13 department to issue special licenses under the provisions of Section
line 14 24045 or to issue daily on-sale general licenses under the provisions
line 15 of Section 24045.1. Consent for sales at each event shall be first
line 16 obtained from the department in the form of a catering or event
line 17 authorization issued pursuant to rules prescribed by it. Any event
line 18 authorization shall be subject to approval by the appropriate local
line 19 law enforcement agency. The daily fee for each catering or event
line 20 authorization shall be based on the estimated attendance at each
line 21 day of the event, as follows:
line 22 (A) One hundred dollars ($100) when anticipated attendance is
line 23 less than 1,000 people.
line 24 (B) Three hundred twenty-five dollars ($325) when anticipated
line 25 attendance is at least 1,000 people and less than 5,000 people.
line 26 (C) One thousand dollars ($1,000) when anticipated attendance
line 27 is 5,000 people or more.
line 28 (2) All fees collected pursuant to this section shall be deposited
line 29 in the Alcohol Beverage Control Fund as provided in Section
line 30 25761.
line 31 (d) At all approved events, the licensee may exercise only those
line 32 privileges authorized by the licensee’s license and shall comply
line 33 with all provisions of the act pertaining to the conduct of on-sale
line 34 premises and violation of those provisions may be grounds for
line 35 suspension or revocation of the licensee’s license or permit, or
line 36 both, as though the violation occurred on the licensed premises.
line 37 (e) The fee for a caterer’s permit for a licensee under an on-sale
line 38 general license, a caterer’s permit for a licensee under an on-sale
line 39 beer and wine license, or an event permit for a licensee under an
line 40 on-sale general license or an on-sale beer and wine license shall
98
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line 1 be the annual fee as specified in subdivision (b) of Section 23320,
line 2 and the fee for a caterer’s permit for a licensee under a club license
line 3 or a veterans’ club license shall be as specified in Section 23320,
line 4 and the permit may be renewable annually at the same time as the
line 5 licensee’s license. A caterer’s or event permit shall be transferable
line 6 as a part of the license.
line 7 (f) The department shall expedite the review of an application
line 8 for a caterer’s permit.
line 9 (f) A catering authorization shall not be issued for use at any
line 10 one premises for more than 52 events in one calendar year, except
line 11 when the department determines additional events may be catered
line 12 to satisfy substantial public demand.
line 13 (g) (1) For a period of 365 days from the date when the
line 14 COVID-19 state of emergency order is lifted, the department may
line 15 permit licensees to continue to exercise license privileges in an
line 16 expanded licensed area authorized pursuant to a COVID-19
line 17 temporary catering permit. The COVID-19 temporary catering
line 18 permits approved by the department shall be subject to terms and
line 19 conditions established by the department. The department may
line 20 extend the time period that the COVID-19 temporary permit is
line 21 valid beyond 365 days if the licensee has filed a pending
line 22 application with the department for the permanent expansion of
line 23 their premises before the 365 day time period expires.
line 24 (2) As used in this subdivision, the following definitions shall
line 25 apply:
line 26 (A) “COVID-19 state of emergency” means the state of
line 27 emergency proclaimed by the Governor on March 4, 2020.
line 28 (B) “COVID-19 temporary catering permit” means a permit
line 29 approved in accordance with the department’s Fourth Notice of
line 30 Regulatory Relief issued on May 15, 2020, and related application.
line 31 (h) This section shall remain in effect only until July 1, 2023
line 32 and as of that date is repealed.
line 33 SEC. 2. Section 23399 is added to the Business and Professions
line 34 Code, to read:
line 35 23399. (a) An on-sale general license authorizes the sale of
line 36 beer, wine, and distilled spirits for consumption on the premises
line 37 where sold. Any licensee under an on-sale general license, an
line 38 on-sale beer and wine license, a club license, or a veterans’ club
line 39 license may apply to the department for a caterer’s permit. A
line 40 caterer’s permit under an on-sale general license shall authorize
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SB 314 — 29 —
line 1 the sale of beer, wine, and distilled spirits for consumption at
line 2 conventions, sporting events, trade exhibits, picnics, social
line 3 gatherings, or similar events held any place in the state approved
line 4 by the department. A caterer’s permit under an on-sale beer and
line 5 wine license shall authorize the sale of beer and wine for
line 6 consumption at conventions, sporting events, trade exhibits,
line 7 picnics, social gatherings, or similar events held any place in the
line 8 state approved by the department. A caterer’s permit under a club
line 9 license or a veterans’ club license shall authorize sales at these
line 10 events only upon the licensed club premises.
line 11 (b) Any licensee under an on-sale general license or an on-sale
line 12 beer and wine license may apply to the department for an event
line 13 permit. An event permit under an on-sale general license or an
line 14 on-sale beer and wine license shall authorize, at events held no
line 15 more frequently than four days in any single calendar year, the
line 16 sale of beer, wine, and distilled spirits only under an on-sale
line 17 general license or beer and wine only under an on-sale beer and
line 18 wine license for consumption on property adjacent to the licensed
line 19 premises and owned or under the control of the licensee. This
line 20 property shall be secured and controlled by the licensee and not
line 21 visible to the general public.
line 22 (c) (1) This section shall in no way limit the power of the
line 23 department to issue special licenses under the provisions of Section
line 24 24045 or to issue daily on-sale general licenses under the
line 25 provisions of Section 24045.1. Consent for sales at each event
line 26 shall be first obtained from the department in the form of a catering
line 27 or event authorization issued pursuant to rules prescribed by it.
line 28 Any event authorization shall be subject to approval by the
line 29 appropriate local law enforcement agency. The daily fee for each
line 30 catering or event authorization shall be based on the estimated
line 31 attendance at each day of the event, as follows:
line 32 (A) One hundred dollars ($100) when anticipated attendance
line 33 is less than 1,000 people.
line 34 (B) Three hundred twenty-five dollars ($325) when anticipated
line 35 attendance is at least 1,000 people and less than 5,000 people.
line 36 (C) One thousand dollars ($1,000) when anticipated attendance
line 37 is 5,000 people or more.
line 38 (2) All fees collected pursuant to this section shall be deposited
line 39 in the Alcohol Beverage Control Fund as provided in Section
line 40 25761.
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line 1 (d) At all approved events, the licensee may exercise only those
line 2 privileges authorized by the licensee’s license and shall comply
line 3 with all provisions of the act pertaining to the conduct of on-sale
line 4 premises and violation of those provisions may be grounds for
line 5 suspension or revocation of the licensee’s license or permit, or
line 6 both, as though the violation occurred on the licensed premises.
line 7 (e) The fee for a caterer’s permit for a licensee under an on-sale
line 8 general license, a caterer’s permit for a licensee under an on-sale
line 9 beer and wine license, or an event permit for a licensee under an
line 10 on-sale general license or an on-sale beer and wine license shall
line 11 be the annual fee as specified in subdivision (b) of Section 23320,
line 12 and the fee for a caterer’s permit for a licensee under a club license
line 13 or a veterans’ club license shall be as specified in Section 23320,
line 14 and the permit may be renewable annually at the same time as the
line 15 licensee’s license. A caterer’s or event permit shall be transferable
line 16 as a part of the license.
line 17 (f) A catering authorization shall not be issued for use at any
line 18 one premises for more than 52 events in one calendar year, except
line 19 when the department determines additional events may be catered
line 20 to satisfy substantial public demand.
line 21 (g) This section shall become operative on July 1, 2023.
line 22 SEC. 4. Section 23406 is added to the Business and Professions
line 23 Code, to read:
line 24 23406. Notwithstanding any other provision of law, a licensee
line 25 under an on-sale license issued for public premises may permit a
line 26 person under the age of 21 years to enter and remain on the licensed
line 27 premises provided that alcoholic beverages are not sold, served,
line 28 or consumed on the premises during the time that a person under
line 29 the age of 21 years is present.
line 30 SEC. 5. Section 23407 is added to the Business and Professions
line 31 Code, to read:
line 32 23407. A licensee that shares a licensed premises with another
line 33 licensee but does not operate under their license at the same time
line 34 as the other licensee shall be responsible for compliance with the
line 35 provisions of this division and for any violations that occur on the
line 36 licensed premises only during the time when that licensee operates
line 37 under their license.
line 38 SEC. 6. Article 7 (commencing with Section 23550) is added
line 39 to Chapter 3 of Division 9 of the Business and Professions Code,
line 40 to read:
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SB 314 — 31 —
line 1 Article 7. Music Venue License
line 2
line 3 23550. For purposes of this article:
line 4 (a) “Agreement” includes any amendment, modification, other
line 5 revision, or extensions to the agreement if it relates in any manner
line 6 to the purchase of advertising space and time at the music
line 7 entertainment facility from the owner or major tenant of the facility.
line 8 (b) “Authorized licensee” means a winegrower, rectifier,
line 9 California winegrower’s agent, beer manufacturer, holder of an
line 10 out-of-state beer manufacturer’s certificate, distilled spirits
line 11 manufacturer, holder of a distilled spirits rectifier’s general license,
line 12 distilled spirits manufacturer’s agent, brandy manufacturer, holder
line 13 of an out-of-state distilled spirits shipper’s certificate, holder of a
line 14 distilled spirits importer’s general license, craft distiller, or holder
line 15 of a beer and wine importer’s general license.
line 16 (c) “On-sale licensee” means a person holding an on-sale general
line 17 music venue license to serve alcoholic beverages on the premises
line 18 of a music entertainment facility.
line 19 (d) “Music venue license” means an on-sale general for music
line 20 entertainment facility bona fide public eating place license issued
line 21 pursuant to this article.
line 22 (e) “Music entertainment facility” means a publicly or privately
line 23 owned concert hall, auditorium, or an enclosed arena with a
line 24 spectator capacity exceeding 25 people where music or
line 25 entertainment events are presented for a price of admission. The
line 26 facility does not have to be used exclusively for music or
line 27 entertainment events.
line 28 23552. (a) In addition to the licenses specified in Section
line 29 23320, the department may issue a music venue license to sell
line 30 beer, wine, and distilled spirits at retail for consumption upon the
line 31 premises only.
line 32 (b) The music venue license may be issued to the person
line 33 providing alcoholic beverage and food service at the music
line 34 entertainment facility. Except as provided in this section, only
line 35 licensees with a music venue license are authorized to sell beer,
line 36 wine, and distilled spirits at retail for consumption upon the
line 37 premises of the music entertainment facility. The license shall only
line 38 be transferable from person to person at the same premises. A
line 39 music venue license shall not be transferred for a purchase price
line 40 or consideration in excess of the original fee paid for that license.
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line 1 (c) (1) Issuance of the license shall be subject to the provisions
line 2 of Section 23958.4.
line 3 (2) Issuance of the license shall not be subject to the provisions
line 4 of Section 23816.
line 5 (d) An on-sale licensee may permit a person under 21 years of
line 6 age into the music entertainment facility for a price of admission.
line 7 This subdivision does not authorize the on-sale licensee to sell,
line 8 furnish, or give any alcoholic beverages to a person under 21 years
line 9 of age, or to engage in any other activity not otherwise authorized
line 10 by this division.
line 11 (e) (1) Any person providing alcoholic beverage and food
line 12 service at a music entertainment facility pursuant to another type
line 13 of on-sale license as of the effective date of this section shall obtain
line 14 a music venue license within 12 months of the effective date of
line 15 this section if that person provides alcoholic beverage and food
line 16 service at the facility on or after January 1, 2022. The person may
line 17 elect to surrender that existing license in exchange for a music
line 18 venue license or may transfer that license pursuant to applicable
line 19 law. If, after a license surrender and exchange, the on-sale licensee
line 20 that surrendered and exchanged its license for a music venue
line 21 license no longer provides alcoholic beverage and food service at
line 22 that facility, the on-sale licensee may surrender and exchange the
line 23 music venue license for the licensee’s original license, subject to
line 24 any applicable provisions of this division.
line 25 (2) The department may modify its rules regarding the surrender
line 26 of licenses to implement this subdivision.
line 27 23553. The music venue license is subject to all of the
line 28 following conditions:
line 29 (a) Except as otherwise provided in this chapter, a person
line 30 holding a music venue license shall not enter into any agreement
line 31 with any authorized licensee for the purchase of advertising space
line 32 and time at the music entertainment facility, including the premises
line 33 of the on-sale licensee.
line 34 (b) (1) For any music entertainment facility at which an
line 35 authorized licensee has entered into an agreement with the owner
line 36 or major tenant of the facility for the purchase of advertising space
line 37 and time at the facility, any on-sale licensee shall serve other brands
line 38 of beer distributed by a competing wholesaler that are not the
line 39 brands of beer sold, manufactured, or marketed by an authorized
line 40 licensee, other brands of wine distributed by a competing
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SB 314 — 33 —
line 1 wholesaler that are not the brands of wine sold, manufactured, or
line 2 marketed by an authorized licensee, and other brands of distilled
line 3 spirits distributed by a competing wholesaler that are not the brands
line 4 sold, manufactured, or marketed by an authorized licensee that
line 5 purchased the advertising space and time. An on-sale licensee may
line 6 also serve brands of beer that are manufactured and provided by
line 7 an unaffiliated, competing licensed beer manufacturer that are not
line 8 the brands of beer sold, manufactured, or marketed by an
line 9 authorized licensee that purchased the advertising space and time.
line 10 (2) For the purpose of this subdivision, brands of an authorized
line 11 licensee purchasing the advertising space and time shall mean
line 12 brands of beer, wine, or distilled spirits that are sold, manufactured,
line 13 or marketed by the authorized licensee or sold, manufactured, or
line 14 marketed by any subsidiary or other business entity of the
line 15 authorized licensee that the authorized licensee owns, manages,
line 16 or controls.
line 17 23554. Notwithstanding any other provision of this division,
line 18 an authorized licensee may purchase advertising space and time
line 19 at a music entertainment facility from the owner or major tenant
line 20 of the facility that is not a licensee under this article, subject to the
line 21 following conditions:
line 22 (a) The purchase of advertising space and time shall be
line 23 conducted pursuant to a written agreement entered into by the
line 24 authorized licensee and the owner or major tenant of the facility
line 25 containing all the terms and conditions of such purchase.
line 26 (b) (1) The authorized licensee shall submit to the department
line 27 within 15 days of execution of the agreement a declaration stating
line 28 that the authorized licensee has entered into a written agreement
line 29 for the purchase of advertising space and time at a music
line 30 entertainment facility pursuant to and in compliance with the
line 31 provisions of this section, along with a fee of two thousand five
line 32 hundred dollars ($2,500) to cover the reasonable administrative
line 33 costs of the department. The declaration shall further state the
line 34 name and address of the music entertainment facility, the names
line 35 of the parties to the agreement, and the time period that agreement
line 36 will continue in effect. The authorized licensee shall notify the
line 37 department within 15 days of any amendment, extension,
line 38 modification, or renewal of that agreement or of any new
line 39 agreement.
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line 1 (2) The declaration shall also state that there is no financial
line 2 arrangement or agreement, written or oral, between the authorized
line 3 licensee and the owner or major tenant of the facility or with any
line 4 on-sale licensee that provides for the on-sale licensee to receive a
line 5 share of the revenues, or anything of value, directly or indirectly,
line 6 from the advertising agreement.
line 7 (3) The declaration required by this subdivision shall not be
line 8 under penalty of perjury. Failure to comply with this subdivision
line 9 or the filing of a false declaration shall be subject to license
line 10 suspension by the department.
line 11 (c) The agreement shall not contain any of the following terms
line 12 or conditions:
line 13 (1) The agreement is conditioned on the purchase or sale of the
line 14 authorized licensee’s brands of alcoholic beverages by the on-sale
line 15 licensee or limits the purchase and sale of competing brands of
line 16 alcoholic beverages manufactured, distributed, sold, or marketed
line 17 by other authorized licensees at the facility by the on-sale licensee.
line 18 (2) The agreement provides for anything of value to be
line 19 furnished, directly or indirectly, to the on-sale licensee.
line 20 (3) Any term or condition that violates any provision of this
line 21 division.
line 22 (d) In monitoring the impacts of any agreements authorized by
line 23 this article, the department may conduct audits to determine
line 24 compliance with this section. Audits may include, but are not
line 25 limited to, brand selection at the music entertainment facility,
line 26 purchase patterns of the on-sale licensee, and review of any
line 27 agreement or amendments to an agreement or any other contractual
line 28 or financial arrangement, written or oral, between or among the
line 29 parties to the agreement and the on-sale licensee, including any
line 30 affiliated business of the on-sale licensee or any affiliated business
line 31 of the authorized licensee.
line 32 (e) The department shall penalize a violation of any provision
line 33 of this section by the suspension of the authorized licensee’s license
line 34 or by a fine equal to the contract value of the agreement for
line 35 advertising.
line 36 23555. The Legislature finds and declares all of the following:
line 37 (a) Statutes to implement a three-tier system, which requires a
line 38 separation between manufacturing interests, wholesale interests,
line 39 and retail interests in the production, distribution, and sale of
line 40 alcoholic beverages, are as proper and necessary to the public
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line 1 welfare in the 21st Century as they were when first enacted
line 2 following the enactment of the 21st Amendment to the United
line 3 States Constitution and the repeal of prohibition; that the three-tier
line 4 system by requiring economic separation between the tiers
line 5 contributes to a fair, open, and competitive market resulting in
line 6 interbrand and other competition within each tier, thereby
line 7 broadening consumer choices; and that it also prevents disorderly
line 8 market conditions arising from the domination of local markets
line 9 through vertical integration leading to excessive sales of alcoholic
line 10 beverages and consumption produced by overly aggressive
line 11 marketing techniques, including, but not limited to, the domination
line 12 of local markets and the undue economic influence of one tier over
line 13 another. The Legislature further affirms that temperance is
line 14 achieved, consistent with the structural regulation that promotes
line 15 a competitive and orderly market, by controlled access to, and
line 16 responsible use and consumption of, alcoholic beverages by
line 17 persons of legal drinking age.
line 18 (b) The enactment of tied-house restrictions are necessary
line 19 economic regulations that serve important public interests, and the
line 20 restrictions prohibiting a manufacturer or wholesaler from
line 21 furnishing, giving, or lending any money or other thing of value
line 22 to a retail licensee, or from paying or compensating a retailer for
line 23 advertising as provided in Section 25503, are necessary to promote
line 24 and maintain an orderly competitive market that is open and
line 25 accessible to all brands and to prevent manufacturers from
line 26 dominating local markets through payment of incentives and
line 27 compensation to retailers. The Legislature further finds and declares
line 28 that limited exceptions have been made to this general prohibition
line 29 to promote an identifiable public purpose and interest for the
line 30 exception, which have been limited to the express terms of the
line 31 exception so as to not undermine the general prohibition.
line 32 (c) Because this system of prohibition with limited, specific
line 33 exceptions may be incorrectly construed to undermine the general
line 34 prohibition despite legislative directives to the contrary, this section
line 35 is necessary to clarify and reenforce the general prohibition as
line 36 provided in Section 25503.
line 37 (d) There may be instances where the community public interest
line 38 and welfare would benefit from the music entertainment facility
line 39 owner or its major tenant being able to receive revenue for the
line 40 advertisement of alcoholic beverages on the premises of the facility.
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line 1 Therefore, this article is enacted to authorize manufacturers of
line 2 alcoholic beverages to enter into agreements with the owner or
line 3 major tenant of a music entertainment facility for the placement
line 4 of brand advertisements upon the premises of the facility where
line 5 the alcoholic beverage sales on the facility premises are conducted
line 6 by a separate, independent entity who is the on-sale general licensee
line 7 and does not share in the advertising revenue.
line 8 (e) The provisions of this article and other exceptions in this
line 9 division to the general prohibition against tied interests must be
line 10 narrowly construed and limited to the express terms of the
line 11 exception so as not to undermine the general prohibition. The
line 12 Legislature expressly intends that this article and division be
line 13 construed in accordance with these findings.
line 14 SEC. 7. Section 24300 of the Business and Professions Code
line 15 is amended to read:
line 16 24300. (a) Any hearings held on a protest, accusation, or
line 17 petition for a license shall be held in the county in which the
line 18 premises or licensee is located; provided, that hearings before the
line 19 department itself on reconsideration or under subdivision (c) of
line 20 Section 11517 of the Government Code may be held at any place
line 21 in the state where the department is meeting. Except as provided
line 22 in Section 24203 and in this section, the proceedings shall be
line 23 conducted in accordance with Chapter 5 (commencing with Section
line 24 11500) of Part 1 of Division 3 of Title 2 of the Government Code,
line 25 and in all cases the department shall have all the powers granted
line 26 therein. The department, in its exclusive discretion, shall consider
line 27 scheduling the hearing at a time, including evening hours, and at
line 28 a place convenient to all parties to a proceeding, including those
line 29 witnesses required to be present, and the public affected.
line 30 (b) Notwithstanding the provisions of subdivision (a), if a protest
line 31 is filed against an application for a license and the proposed
line 32 premises are located within a city, the department may, in its
line 33 discretion, hold the hearing within that city, unless the protest is
line 34 filed by the governing body of the city, in which case the
line 35 department shall hold the hearing within that city.
line 36 (c) For any hearing held pursuant to this division, the department
line 37 may delegate the power to hear and decide to an administrative
line 38 law judge appointed by the director. Any hearing before an
line 39 administrative law judge shall be pursuant to the procedures, rules,
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SB 314 — 37 —
line 1 and limitations prescribed in Chapter 5 (commencing with Section
line 2 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
line 3 (d) The department shall hold any hearing held pursuant to this
line 4 division within six months after the filing of a protest, accusation,
line 5 or petition for a license.
line 6 SEC. 8.
line 7 SEC. 3. Section 25600.5 of the Business and Professions Code
line 8 is amended to read:
line 9 25600.5. Notwithstanding any other provision of this division,
line 10 a manufacturer of distilled spirits, distilled spirits manufacturer’s
line 11 agent, out-of-state distilled spirits shipper’s certificate holder,
line 12 winegrower, rectifier, or distiller, or its authorized unlicensed
line 13 agent, may provide, free of charge, entertainment, food, and
line 14 distilled spirits, wine, or nonalcoholic beverages to consumers at
line 15 an invitation-only event in connection with the sale or distribution
line 16 of wine or distilled spirits, subject to the following conditions:
line 17 (a) No licensee, other than those specified in this section, may
line 18 conduct or participate in any portion of an event authorized by this
line 19 section. A licensee authorized to conduct an event pursuant to this
line 20 section shall not be precluded from doing so on the basis of holding
line 21 any other type of alcoholic beverage license.
line 22 (b) An event authorized by this section shall be conducted on
line 23 either the:
line 24 (1) Premises for which a caterer’s authorization has been issued,
line 25 except that any event held on the premises of a licensed winegrower
line 26 shall not be authorized to provide any distilled spirits other than
line 27 brandy.
line 28 (2) Premises of a hotel holding an on-sale beer and wine or
line 29 on-sale general license, except an event shall not be conducted in
line 30 the lobby area of a hotel or in any portion of a hotel that is
line 31 identified, promoted, or otherwise designated by the hotel as a
line 32 club, nightclub, or other similar entertainment venue. For purposes
line 33 of this paragraph, “hotel” means any hotel, motel, resort, bed and
line 34 breakfast inn, or other similar transient lodging establishment, but
line 35 it does not include any residential hotel as defined in Section 50519
line 36 of the Health and Safety Code.
line 37 (c) A hotel where the event authorized by this section is being
line 38 conducted shall maintain, during all times while exercising its
line 39 license privileges, other areas within the licensed premises that
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line 1 shall be made readily available to the public not attending the
line 2 authorized event.
line 3 (d) Except as provided in paragraph (2) of subdivision (b), an
line 4 event authorized by this section shall not be conducted on premises
line 5 for which a permanent retail license has been issued.
line 6 (e) Except for fair market value payments authorized pursuant
line 7 to this section, a retail licensee, including the licensed caterer or
line 8 the licensed hotel, shall not receive, nor shall the licensee
line 9 conducting the event give, any other item of value or benefit in
line 10 connection with events authorized by this section.
line 11 (f) The person authorized by this section to provide, free of
line 12 charge, entertainment, food, and beverages shall be present during
line 13 the event.
line 14 (g) The person authorized by this section to provide, free of
line 15 charge, entertainment, food, and beverages shall have sole
line 16 responsibility for providing payment for the entertainment, food,
line 17 beverages, and rental fees at the event. Payments for entertainment,
line 18 food, beverages, and rental fees shall not exceed fair market value.
line 19 No other licensed person shall be authorized, under this section,
line 20 to provide any portion of these payments.
line 21 (h) Requests for attendance at the event shall be by invitation
line 22 sent to consumers over 21 years of age at a specific address via
line 23 mail or email, by telephone, or presented in person. Invitations or
line 24 other advertisements of the event shall not be disseminated by any
line 25 other means. Invitations shall not be sent by the authorized person
line 26 or their authorized unlicensed agent inviting all of the employees
line 27 of a retail licensee or a chain of retail licensees under common
line 28 ownership to an authorized event.
line 29 (i) Attendance at the event shall be limited to consumers who
line 30 receive and accept an invitation to the event. Invited consumers
line 31 may each invite one guest. All attendees shall be over 21 years of
line 32 age. The total number of consumers and their guests allowed at
line 33 any event authorized by this section shall not exceed 600 people.
line 34 Admittance to the event shall be controlled by a list containing the
line 35 names of consumers who accepted the invitation and their guests.
line 36 The persons identified in this section shall be responsible for
line 37 compliance.
line 38 (j) No premium, gift, free goods, or other thing of value may
line 39 be given away in connection with the event, except as authorized
line 40 by this division.
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line 1 (k) The duration of any event authorized by this section shall
line 2 not exceed four hours.
line 3 (l) (1) Subject to paragraph (3), a person authorized to conduct
line 4 events pursuant to this section shall not conduct more than 12
line 5 events in a calendar year where the consumers and guests in
line 6 attendance exceed 100 people, and not more than 24 events in a
line 7 calendar year where the consumers and guests in attendance are
line 8 100 people or fewer.
line 9 (2) The limitation on events authorized by this section shall be
line 10 by person, whether that person holds a single license or multiple
line 11 licenses. If a person holds multiple licenses, the limitation shall
line 12 be applied to the person holding the license, not by type of license.
line 13 (3) A licensee authorized to conduct events pursuant to this
line 14 section shall not conduct more than two events in a calendar year
line 15 on the premises of any single licensed hotel or other licensed hotel
line 16 under the same or common ownership.
line 17 (l) (1)
line 18 (4) The licensee conducting the event shall not advertise any
line 19 retail licensee. If the event is held on the premises of a retail
line 20 licensee as permitted by this section, the licensee conducting the
line 21 event may list the retailer’s name and address in the invitation and
line 22 any related advertising for the sole purpose of identifying the
line 23 location of the event. The listing of the retailer’s name and address
line 24 shall be the only reference to the retail licensee and shall be
line 25 relatively inconspicuous in relation to the invitation or
line 26 advertisement as a whole. Pictures or illustrations of the retailer’s
line 27 premises, or laudatory references to the retailer, shall not be
line 28 permitted.
line 29 (2)
line 30 (5) (A) Other than as specifically authorized by this section,
line 31 alcoholic beverage promotions of any sort shall not be conducted
line 32 by any licensee in conjunction with an event held on the premises
line 33 of a retail licensee pursuant to this section. This restriction includes
line 34 any discounted drink specials offered by the retail licensee to
line 35 consumers.
line 36 (B) For purposes of this paragraph, “in conjunction with” means
line 37 during an event and any period within 24 hours before and 24
line 38 hours following an event.
line 39 (3)
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line 1 (6) A retail licensee shall conspicuously offer for sale alcoholic
line 2 beverages other than the products produced, distributed, bottled,
line 3 or otherwise offered for sale by the licensee conducting the event.
line 4 (m) At least 30 90 days prior to an event, the licensee, or its
line 5 authorized unlicensed agent, authorized to conduct the event shall
line 6 apply to the department for a permit authorizing the event. In
line 7 addition to any other information required by the department, the
line 8 licensee shall provide the department all of the following
line 9 information:
line 10 (1) The name of the company authorized to conduct the event.
line 11 (2) The number of people planned to be in attendance.
line 12 (3) The start and end times for the event.
line 13 (4) The location of the event.
line 14 (5) The name of the caterer, if required, obtaining the caterer’s
line 15 authorization for the event.
line 16 (n) All alcoholic beverages provided pursuant to this section
line 17 shall be purchased from the holder of the caterer’s permit or the
line 18 licensed hotel, as applicable.
line 19 (o) All alcoholic beverages served at an event authorized by
line 20 this section shall be served in accordance with Sections 25631 and
line 21 25632.
line 22 (p) No person authorized to conduct an event pursuant to this
line 23 section shall hold such an event at the same location more than
line 24 eight times in a calendar year.
line 25 (q) The person authorized to conduct an event under this section
line 26 may provide attendees at the event with a free ride home. The free
line 27 rides shall only constitute free ground transportation to attendees’
line 28 homes or to hotels or motels where attendees are staying.
line 29 (r) In addition to the prescribed fee imposed upon a licensed
line 30 caterer to conduct an event authorized by this section, a fee of two
line 31 hundred dollars ($200) shall be collected by the department from
line 32 the licensee, or its authorized unlicensed agent, authorized by this
line 33 section to provide, free of charge, entertainment, and beverages
line 34 at an authorized event. This fee may be adjusted by the department
line 35 pursuant to subdivisions (d) and (e) of Section 23320.
line 36 (s) All licensees involved in events held pursuant to this section
line 37 shall be responsible for compliance with this section, and with all
line 38 other provisions of this division in connection with these events,
line 39 and each may be subject to discipline for violation of this division.
line 40 (t) The Legislature finds and declares both of the following:
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SB 314 — 41 —
line 1 (1) That it is necessary and proper to require a separation
line 2 between manufacturing interests, wholesale interests, and retail
line 3 interests in the production and distribution of alcoholic beverages
line 4 in order to prevent suppliers from dominating local markets through
line 5 vertical integration and to prevent excessive sales of alcoholic
line 6 beverages produced by overly aggressive marketing techniques.
line 7 (2) Any exception established by the Legislature to the general
line 8 prohibition against tied interests must be limited to the express
line 9 terms of the exception so as to not undermine the general
line 10 prohibitions.
line 11 (u) This section shall remain in effect only until January 1, 2023,
line 12 and as of that date is repealed.
line 13 SEC. 9.
line 14 SEC. 4. Section 25607 of the Business and Professions Code
line 15 is amended to read:
line 16 25607. (a) Except as provided in subdivisions (b), (c), (d), and
line 17 (e), it is unlawful for any person or licensee to have upon any
line 18 premises for which a license has been issued any alcoholic
line 19 beverages other than the alcoholic beverage which the licensee is
line 20 authorized to sell at the premises under their license. It shall be
line 21 presumed that all alcoholic beverages found or located upon
line 22 premises for which licenses have been issued belong to the person
line 23 or persons to whom the licenses were issued. Every person
line 24 violating the provisions of this section is guilty of a misdemeanor.
line 25 The department may seize any alcoholic beverages found in
line 26 violation of this section.
line 27 (b) Except as provided in subdivision (c), a bona fide public
line 28 eating place for which an on-sale beer and wine license has been
line 29 issued may have upon the premises brandy, rum, or liqueurs for
line 30 use solely for cooking purposes.
line 31 (c) (1) A licensed winegrower, licensed beer manufacturer that
line 32 holds a small beer manufacturer’s license, and a licensed craft
line 33 distiller, in any combination, whose licensed premises of
line 34 production are immediately adjacent to each other and which are
line 35 not branch offices, may, with the approval of the department and
line 36 under such conditions as the department may require, share a
line 37 common licensed area in which the consumption of alcoholic
line 38 beverages is permitted, only under all of the following
line 39 circumstances:
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line 1 (A) The shared common licensed area is adjacent and contiguous
line 2 to the licensed premises of the licensees.
line 3 (B) The licensed premises of the licensees are not branch offices.
line 4 (C) The shared common licensed area shall be readily accessible
line 5 from the premises of the licensees without the necessity of using
line 6 a public street, alley, or sidewalk.
line 7 (D) Except as otherwise authorized by this division, the alcoholic
line 8 beverages that may be consumed in the shared common licensed
line 9 area shall be purchased by the consumer only from the licensed
line 10 winegrower, the licensed beer manufacturer, or the licensed craft
line 11 distiller.
line 12 (E) The licensed winegrower, the licensed beer manufacturer,
line 13 and the licensed craft distiller shall be jointly responsible for
line 14 compliance with the provisions of this division and for any
line 15 violations that may occur within the shared common licensed area.
line 16 (2) Nothing in this subdivision is intended to authorize the
line 17 licensed winegrower, the licensed beer manufacturer, or the
line 18 licensed craft distiller to sell, furnish, give, or have upon their
line 19 respective licensed premises any alcoholic beverages, or to engage
line 20 in any other activity, not otherwise authorized by this division,
line 21 including, without limitation, the consumption on the premises of
line 22 any distilled spirits purchased by consumers for consumption off
line 23 the premises pursuant to Section 23504 or the consumption of
line 24 distilled spirits other than as permitted by Section 23363.1.
line 25 (d) The holder of a beer manufacturer’s license, winegrower’s
line 26 license, brandy manufacturer’s license, distilled spirits
line 27 manufacturer’s license, craft distiller’s license, any rectifier’s
line 28 license, any importer’s license, or any wholesaler’s license, that
line 29 holds more than one of those licenses for a single premises, may
line 30 have alcoholic beverages that are authorized under those licenses
line 31 at the same time anywhere within the premises for purposes of
line 32 production and storage, if the holder of the licenses maintains
line 33 records of production and storage that identify the specific location
line 34 of each alcoholic beverage product within the premises. Nothing
line 35 in this subdivision is intended to allow a licensee to hold licenses,
line 36 alone or in combination, or to exercise any license privileges, not
line 37 otherwise provided for or authorized by this division.
line 38 (e) (1) Two or more on-sale general licensees whose licensed
line 39 premises are immediately adjacent to each other and which are
line 40 not branch offices, may, with the approval of the department and
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line 1 under such conditions as the department may require, share a
line 2 common licensed area in which the consumption of alcoholic
line 3 beverages is permitted, only under all of the following
line 4 circumstances:
line 5 (A) The shared common licensed area is adjacent and contiguous
line 6 to the licensed premises of the licensees.
line 7 (B) The licensed premises of the licensees are not branch offices.
line 8 (C) The shared common licensed area shall be readily accessible
line 9 from the premises of the licensees without the necessity of using
line 10 a public street, alley, or sidewalk.
line 11 (D) Except as otherwise authorized by this division, the alcoholic
line 12 beverages that may be consumed in the shared common licensed
line 13 area shall be purchased by the consumer only from the licensees.
line 14 (E) The licensees shall be jointly responsible for compliance
line 15 with the provisions of this division and for any violations that
line 16 occur within the shared common licensed area.
line 17 (2) Notwithstanding any other law, the licensees may permit a
line 18 minor into the shared common licensed area outside of the hours
line 19 when alcohol is served.
line 20 (3) Nothing in this subdivision is intended to authorize the
line 21 licensees to sell, furnish, give, or have upon their respective
line 22 licensed premises any alcoholic beverages, or to engage in any
line 23 other activity, not otherwise authorized by this division, including,
line 24 without limitation, the consumption on the premises of any distilled
line 25 spirits purchased by consumers for consumption off the premises
line 26 pursuant to Section 23504 or the consumption of distilled spirits
line 27 other than as permitted by Section 23363.1.
line 28 (e) Notwithstanding any provision to the contrary, a licensed
line 29 manufacturer may share a common licensed area with multiple
line 30 licensed retailers, subject to the provisions of this subdivision.
line 31 (1) No retail licensee sharing the common licensed area with
line 32 a licensed manufacturer shall sell or serve any alcoholic beverages
line 33 that are manufactured, produced, bottled, processed, imported,
line 34 rectified, distributed, represented, or sold by the manufacturer,
line 35 directly or indirectly. This prohibition shall apply to all licensed
line 36 premises owned or operated, in whole or in part, by the retail
line 37 licensee anywhere in the state.
line 38 (2) The licensed manufacturer may, in connection with the
line 39 operation of the shared common area only, advertise or promote
line 40 the licensed retailers sharing the common licensed area and may
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line 1 share in the cost of the operation of the shared common area. No
line 2 other thing of value may be given or furnished by the manufacturer
line 3 to the retailers.
line 4 (3) The manufacturer may have on the area of its licensed
line 5 premises that encompass the shared common licensed area
line 6 alcoholic beverages that would not otherwise be permitted on the
line 7 manufacturer’s licensed premises. This provision does not
line 8 authorize the possession of alcoholic beverages not otherwise
line 9 permitted on the manufacturer’s licensed premises that is not part
line 10 of the shared common licensed area.
line 11 (4) All retailers sharing the common licensed area shall hold
line 12 the same license type. Nothing in this subdivision shall authorize
line 13 any of the retailers to exercise license privileges that are not
line 14 authorized by their license.
line 15 (5) All licensees holding licenses within the shared common
line 16 licensed area shall be jointly responsible for compliance with all
line 17 laws that may subject their license to discipline.
line 18 (6) (A) This subdivision does not authorize a licensed
line 19 manufacturer to share a common licensed area with a single
line 20 retailer or with multiple retailers under common ownership, in
line 21 whole or in part.
line 22 (B) This subdivision is intended to be a narrow exception to the
line 23 separation of manufacturers and retailers. This subdivision shall
line 24 be narrowly construed.
line 25 SEC. 10. Section 25665 of the Business and Professions Code
line 26 is amended to read:
line 27 25665. Except as otherwise provided in Section 23406, any
line 28 licensee under an on-sale license issued for public premises, as
line 29 defined in Section 23039, who permits a person under the age of
line 30 21 years to enter and remain in the licensed premises without
line 31 lawful business therein is guilty of a misdemeanor. Except as
line 32 otherwise provided in Section 23406, any person under the age of
line 33 21 years who enters and remains in the licensed public premises
line 34 without lawful business therein is guilty of a misdemeanor and
line 35 shall be punished by a fine of not less than two hundred dollars
line 36 ($200), no part of which shall be suspended.
line 37 SEC. 11. Section 65863.15 is added to the Government Code,
line 38 to read:
line 39 65863.15. (a) A city, including a charter city, county, or city
line 40 and county, may allow in a commercial zone the consumption of
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SB 314 — 45 —
line 1 alcoholic beverages, including the possession of any can, bottle,
line 2 or other receptacle containing any alcoholic beverage that has been
line 3 opened, or a seal broken, or the contents of which have been
line 4 partially removed.
line 5 (b) The consumption of alcoholic beverages and possession of
line 6 open containers permitted pursuant to subdivision (a) remain
line 7 subject to regulation under Section 647 of the Penal Code and
line 8 Sections 23223 and 23225 of the Vehicle Code.
line 9 SEC. 12.
line 10 SEC. 5. No reimbursement is required by this act pursuant to
line 11 Section 6 of Article XIIIB of the California Constitution because
line 12 the only costs that may be incurred by a local agency or school
line 13 district will be incurred because this act creates a new crime or
line 14 infraction, eliminates a crime or infraction, or changes the penalty
line 15 for a crime or infraction, within the meaning of Section 17556 of
line 16 the Government Code, or changes the definition of a crime within
line 17 the meaning of Section 6 of Article XIIIB of the California
line 18 Constitution.
line 19 SEC. 13.
line 20 SEC. 6. This act is an urgency statute necessary for the
line 21 immediate preservation of the public peace, health, or safety within
line 22 the meaning of Article IV of the California Constitution and shall
line 23 go into immediate effect. The facts constituting the necessity are:
line 24 In order to address the economic loss restaurants and bars have
line 25 sustained after being hit extremely hard by COVID-19 and to
line 26 protect against further loss, which will help ensure public health
line 27 and safety, it is necessary for this act to take effect immediately.
O
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Attachment B
Appropriation Committee Fiscal Summary
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2021 - 2022 Regular Session
SB 314 (Wiener) - Alcoholic beverages
Version: April 13, 2021 Policy Vote: G.O. 15 - 0
Urgency: Yes Mandate: Yes
Hearing Date: May 3, 2021 Consultant: Janelle Miyashiro
Bill Summary: SB 314, an urgency measure, authorizes COVID-19 temporary catering
permit holders to continue to exercise license privileges in an expanded license area for
up to 365 days from the date when the COVID-19 state of emergency order is lifted;
authorizes manufacturers to share a common licensed area with retailers under
specified conditions; authorizes the Department of Alcohol Beverage Control to issue a
catering permit for up to 52 events in one calendar year at one premise; and extends
the timeframe prior to an event, from 30 to 90 days, which a licensee must apply to the
Department for an event permit.
Fiscal Impact: Unknown fiscal impact to the Department of Alcohol Beverage Control
for associated administrative and licensing workload to process additional catering
authorizations and to convert temporary catering authorizations to permanent premises
expansions.
Unknown increase in fee revenue to be deposited in the Alcohol Beverage Control
Fund, which may offset administrative and licensing workload.
Background: The Department issues licenses in California for the legal manufacture
and sale of alcoholic beverages. There are more than 80 different types of licenses
authorized in California. Each license has its own set of privileges and obligations
specific to the category of license involved. The privileges of a license are expressly
limited to those conferred by the specific type of license involved for the premises and
time period covered by the license.
In addition to issuing licenses for the sale of alcohol at restaurants, bars, businesses,
and events, the Department also provides licenses to manufacturers of beer, wine,
brandy, and spirits. Specifically, a licensed beer manufacturer with a Type 01 or Type
23 license is authorized to sell beer to consumers for consumption on or off the
manufacturer’s licensed premises. Similarly, a winegrower with a Type 02 license is
authorized to sell wine to consumers for consumption on or off the manufacturer’s
licensed premises.
On March 15, 2020, the Department of ABC issued its Fourth Notice of Regulatory
Relief, which was intended to assist qualified hospitality businesses with reopening in a
manner that is consistent with local and state health and safety directives. The notice
created the COVID-19 temporary catering permit, which authorizes the on-site
consumption of those alcoholic beverages for which the licensee has on-sale privileges
on property that is adjacent to the licensed premises and that is under the control of the
licensee.
SB 314 (Wiener) Page 2 of 3
Proposed Law:
Prohibits the issuance of a catering authorization at any one premises for more than
52 events in one calendar year, except upon Department determination.
Authorizes COVID-19 temporary catering permit holders to continue to exercise
license privileges in an expanded license area for up to 365 days from the date
when the COVID-19 state of emergency order is lifted. Subjects the COVID-19
temporary catering permits to be subject to terms and conditions established by the
Department and authorizes the Department to extend the time that the permit is valid
beyond the 365 day period if the licensee has filed a pending application with the
department for the permanent expansion of their premises, as specified.
Establishes definitions:
o “COVID-19 state of emergency” to mean the state of emergency proclaimed
by the Governor on March 4, 2020.
o “COVID-19 temporary catering permit” to mean a permit approved in
accordance with the Department’s Fourth Notice of Regulatory Relief issued
on May 15, 2020 and related application.
Extends the timeframe prior to an event, from 30 to 90 days, which a licensee must
apply to the Department for an event permit.
Authorizes a licensed manufacturer to share a common licensed area with multiple
licensed retailers.
Prohibits a retail licensee that shares a common licensed area with a manufacturer
from selling or serving any alcoholic beverages that are manufactured, produced,
bottled, processed, imported, rectified, distributed, represented, or sold by the
manufacturer, directly or indirectly.
Authorizes a manufacturer, in connection with the operation of the shared common
area, to advertise or promote the licensed retailers sharing the common area.
Authorizes a manufacturer to share in the cost of the operation of the shared area,
but may not furnish any other thing of value to a retailer.
Authorizes a manufacturer to have alcoholic beverages that would otherwise not be
permitted on its licensed premises only in the area overlapping with the shared
common area.
Requires retailers sharing a common licensed area to hold the same license type
and be jointly responsible for compliance with all laws that may subject their license
to discipline.
Prohibits a manufacturer from sharing a common area with a single retailer or with
multiple retailers under common ownership, in whole or in part.
SB 314 (Wiener) Page 3 of 3
States legislative intent that exception to the separation of manufacturers and
retailers be narrowly construed.
States that this bill is an urgency measure necessary to address the economic loss
restaurants and bars have sustained after being hit by COVID-19 and to protect
against further loss.
Staff Comments: The Department has issued approximately 10,000 COVID-19
temporary authorizations, and approved COVID-19 temporary catering authorizations
remain in effect today. It is unknown how many of the approved temporary
authorizations are eligible for a permanent premises expansion. However under current
law, licensees are already authorized to apply for a permanent premises expansion. To
the extent that a large number of temporary catering authorizations seek conversion to
permanent premises expansions, there could be substantial licensing workload to the
Department.
Additionally, increasing the allowable cap on catered events at a single location, from 24
events to 52 events, is likely to result in additional licensing workload for the
Department. The Department notes that for each 10 percent increase in overall volume,
it would need to process an additional 2,200 catering authorizations at an estimated
average direct cost of approximately $102 each, for a total cost of $224,400 and
approximately 1.9 personnel years’ worth of work (Alcohol Beverage Control Fund).
-- END --
Attachment C
Letter of Support
May 27, 2021
The Honorable Scott Weiner
State Senator, 11th District
State Capitol, Room 5100
Sacramento, CA 95814
Re: RE: SB 314 (Weiner) Alcoholic Beverages
Support (As Amended April 13, 2021)
Dear Senator Weiner,
The City of Palm Desert (City) writes to express our support for Senate Bill 314. The bill would
help local restaurants, bars and music venues manage the impacts of the pandemic.
The COVID-19 pandemic has severely affected the entertainment and food industry and its ability
to provide services to residents. In order to keep afloat, small businesses had to adapt to the
newenvironment in order to create an experience that is safe for their customers and employees.
The bill would make permanent some of the temporary pandemic regulations allowing significantly
expended outdoor restaurant seating and continuation of outdoor alcohol service, which would
enable our small business owners to successfully keep their businesses open safely and timely.
These small businesses form the backbone of our economy, and it is critical that we help to
alleviate the impacts on them during this unprecedented pandemic.
For these reasons, the City supports SB 314. Please feel free to contact me if you would like to
have further discussions regarding our legislative position. Thank you.
Regards,
Kathleen Kelly
Mayor