SB 685: Alcoholic beverage service: veterans’ club license.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-10-01
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license to sell and serve alcoholic beverages for consumption within the licensed establishment to members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license to sell and serve alcoholic beverages for consumption within the licensed establishment to members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license to sell and serve alcoholic beverages for consumption within the licensed establishment to members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license to sell and serve alcoholic beverages for consumption within the licensed establishment to members of other congressionally chartered veterans veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license, as part of a beer tasting, wine tasting, or beer and wine tasting event, license to sell and serve beer, wine, or food alcoholic beverages for consumption within the licensed establishment to members of the general public, other congressionally chartered veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licenced licensed establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
The Alcoholic Beverage Control Act provides for the issuance of licenses for which various annual fees are charged depending upon the type of license issued. The act authorizes the issuance of a veterans club license authorizing the sale of alcoholic beverages for consumption within the licenced establishment only to members of the veterans organization and their guests.
This bill would additionally authorize a holder of a veterans club license, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
(a)The holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests, bona fide members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code.
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
(c)A bona fide member of a veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption.
SEC. 2.It is the intent of the Legislature in enacting this act to expand the rights of a holder of a veterans club license to sell and serve alcoholic beverages.
(a)The holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests, bona fide members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code.
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
(c)A bona fide member of a veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption.
SEC. 2.It is the intent of the Legislature in enacting this act to expand the rights of a holder of a veterans club license to sell and serve alcoholic beverages.
(a)The holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests, bona fide members of other veterans organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code.
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
(c)A bona fide member of a veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption.
SEC. 2.It is the intent of the Legislature in enacting this act to expand the rights of a holder of a veterans club license to serve and sell sell and serve alcoholic beverages.
(a)The holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests, bona fide members of other congressionally chartered veterans veterans organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code.
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
(c)A bona fide member of a veterans veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption.
SEC. 2.It is the intent of the Legislature in enacting this act to expand the rights of a holder of a veterans club license to serve and sell alcoholic beverages.
(a)Except as provided in Section 23453.5, a The holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests, bona fide members of other congressionally chartered veterans organizations, active duty or reserve members of the Armed Forces, or veterans as defined in Section 18540.4 of the Government Code.
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
(c)A bona fide member of a veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign in to a roster before purchasing or being served alcoholic beverages for consumption.
SEC. 2.It is the intent of the Legislature in enacting this act to expand the rights of a holder of a veterans club license to serve and sell alcoholic beverages.
SEC. 2.Section 23453.5 is added to the Business and Professions Code, to read:23453.5.Notwithstanding any other law, as part of a beer tasting, wine tasting, or beer and wine tasting event, a holder of a veterans club license may sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
(a)Except as provided in subdivision (b), Section 23453.5, a holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to members of the veterans organization and their guests.
(b)Notwithstanding any other law, as part of a beer tasting, wine tasting, or beer and wine tasting event, a holder of a veterans club license may sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
(c)
(b)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the issuance of veterans club licenses.
SEC. 2.Section 23453.5 is added to the Business and Professions Code, to read:23453.5.Notwithstanding any other law, as part of a beer tasting, wine tasting, or beer and wine tasting event, a holder of a veterans club license may sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
The (a)Except as provided in subdivision (b), a holder of a veterans club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans organization and their bona fide guests. A
(b)Notwithstanding any other law, as part of a beer tasting, wine tasting, or beer and wine tasting event, a holder of a veterans club license may sell and serve beer, wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans organization and their guests.
(c)A veterans club license is not transferable to another person from the person to whom issued or by whom renewed. The provisions of Article 2 (commencing with Section 23815) of Chapter 5 of this division do not apply to the issuance of veterans club licenses.
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Date
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Status
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|---|---|
| Jun 2, 2015 | Read third time. Passed. (Ayes 40. Noes 0.) Ordered to the Assembly. |
| Oct 1, 2015 | Chaptered by Secretary of State. Chapter 423, Statutes of 2015. |
| Oct 1, 2015 | Approved by the Governor. |
| Sep 1, 2015 | Enrolled and presented to the Governor at 4:30 p.m. |
| Aug 31, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 31, 2015 | Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2274.) Ordered to engrossing and enrolling. |
| Aug 27, 2015 | Read third time. Passed. (Ayes 78. Noes 0. Page 2638.) Ordered to the Senate. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Aug 27, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 20, 2015 | Read second time. Ordered to consent calendar. |
| Aug 19, 2015 | From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19). |
| Aug 17, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 9, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (July 8). Re-referred to Com. on APPR. |
| Jun 25, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Jun 18, 2015 | Referred to Com. on G.O. |
| Feb 27, 2015 | Introduced. To Com. on RLS. for assignment. To print. |
| Jun 2, 2015 | Read third time. Passed. (Ayes 40. Noes 0. Page 1257.) Ordered to the Assembly. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2015 | Read second time and amended. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 28). |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1158.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| Apr 27, 2015 | April 27 hearing: Placed on APPR. suspense file. |
| Apr 17, 2015 | Set for hearing April 27. |
| Apr 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 592.) (April 14). Re-referred to Com. on APPR. |
| Apr 7, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Mar 20, 2015 | Set for hearing April 14. |
| Mar 19, 2015 | Referred to Coms. on G.O. and APPR. |
| Mar 2, 2015 | Read first time. |
| Mar 2, 2015 | From printer. May be acted upon on or after April 1. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 31, 2015 | Unfinished Business SB685 McGuire Concurrence | Senate Floor |
Passed |
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| Aug 27, 2015 | SB 685 McGuire Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| Aug 19, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 8, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
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| Jun 2, 2015 | Senate 3rd Reading SB685 McGuire | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 14, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| American Legion, Department Of California | ** Support | Aug 31, 2015 |
| Amvets, Department Of California | ** Support | Aug 31, 2015 |
| California Association Of County Veterans Service Officers | ** Support | Aug 31, 2015 |
| California Council on Alcohol Problems | ** Against | Jul 8, 2015 |
| California State Commanders Veterans Council | ** Support | Aug 31, 2015 |
| Jewish War Veterans | ** Support | Aug 31, 2015 |
| Military Officers Association Of America, California Council Of Chapters | ** Support | Aug 31, 2015 |
| The Veterans Of Foreign Wars, Department Of California | ** Support | Aug 31, 2015 |
| Underground Service Alert Of Southern California | * Support | Apr 14, 2015 |
| Vietnam Veterans Of America, California State Council | ** Support | Aug 31, 2015 |
SB 685
Page 5
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 685
Amended: 8/17/15
SENATE GOVERNMENTAL ORG. COMMITTEE: 11-0, 4/14/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SENATE FLOOR: 40-0, 6/2/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
ASSEMBLY FLOOR: 78-0, 8/27/15 (Consent) - See last page for vote
SUBJECT: Alcoholic beverage service: veterans’ club license
SOURCE: AMVETS, Department of California
DIGEST: This bill expands the privileges of a holder of a veterans’ club license by allowing the licensee to also sell and serve alcoholic beverages to bona fide members of other veterans’ organizations, active duty or reserve members of the Armed Forces, or veterans, as defined.
Assembly Amendments add clarity with respect to which veterans organizations this bill is applicable to.
Existing law:
Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees for this purpose.
Defines “club” to mean a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. (B & P Code Section 23037)
Provides for the issuance of a “club” license allowing the sale of alcoholic beverages to a plethora of clubs/organizations (e.g., golf club, swimming club, tennis club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, National Guard or Air National Guard club, labor council, American Citizens club, local dental society club, condominium homeowners’ association, Hidalgo Society, nonprofit lawn bowls club, etc.).
Authorizes the issuance of a “veterans” club license and defines veteran to mean any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who has served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. (B & P Code Section 23450)
Defines “veteran” to mean any person who has served full time in the Armed Forces in time of national emergency or state military emergency or during an expedition of the Armed Forces and who has been discharged or released under conditions other than dishonorable. (Government Code Section 18540.4)
Provides that the holder of a veterans’ club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans’ organization and their bona fide guests.
This bill:
Expands the privileges of the holder of a veterans’ club license by allowing such clubs to also serve and sell alcoholic beverages to bona fide members of other veterans’ organizations, active duty or reserve members of the Armed Forces, or veterans defined in Section 18540.4 of the Government Code.
Specifies that a bona fide member of a veterans’ organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign a roster before purchasing or being served alcoholic beverages for consumption.
Declares legislative intent to expand the rights of a holder of a veterans’ club license to sell and serve alcoholic beverages.
Background
Purpose of SB 685. Over the years numerous “club” licenses have been added to the ABC Act allowing the license holder to sell and serve alcoholic beverages for consumption within the licensed establishment and “only” to members of the club and their guests.
The existing veterans’ club license was first established during World War II and was developed to allow veterans organizations to operate as a club house for members and their guests. There are currently approximately 317 of these licenses which are authorized to sell and serve alcoholic beverages only to bona fide members of the club and their guests for consumption within the licensed establishment.
According to the author’s office, this bill is intended to broaden the scope of “veterans” that can be served alcoholic beverages on the club’s premises thereby increasing opportunities for fundraising to support programs that provide assistance to veterans.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, there will be a potential, though likely minor, increase in enforcement costs to the Department of ABC.
SUPPORT: (Verified 8/28/15)
AMVETS, Department of California (source)
American Legion, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Jewish War Veterans
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
OPPOSITION: (Verified 8/28/15)
California Council on Alcohol Problems
ARGUMENTS IN SUPPORT: Proponents note that this bill gives veterans organization posts which hold a veteran’s club license the opportunity to sell and serve alcohol within the licensed establishment to a greater universe of veterans, as specified.
ARGUMENTS IN OPPOSITION: Opponents argue that as currently drafted, this bill does not provide any particular format for law enforcement or the Department of ABC to differentiate between a bona fide guest and a private individual who enters the club for purposes of alcohol consumption. Opponents believe some sort of sign-up sheet or roster identifying guests and the club member should be required as a condition for alcohol purchase or consumption.
ASSEMBLY FLOOR: 78-0, 8/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Atkins
NO VOTE RECORDED: Frazier, Williams
Prepared by: Arthur Terzakis / G.O. / (916) 651-1530
8/28/15 16:06:37
**** END ****
Date of Hearing: August 19, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
SB 685
(McGuire) – As Amended August 17, 2015
Policy Committee: |
Governmental Organization |
Vote: |
18 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill allows veterans' clubs that hold a veterans' club alcoholic beverage license to sell and serve alcoholic beverages to other veterans, members of other veterans' organizations, active duty or reserve members of the military, and their bona fide guests. The bill specifies that non-members do not need to sign any roster in order to be served.
FISCAL EFFECT:
Potential, though likely minor, increase in enforcement costs to the Department of Alcoholic Beverage Control (ABC).
COMMENTS:
1) Purpose. According to the author, the current veterans' club license was established during World War II to allow veterans' organizations to serve alcohol to their members and guests. ABC indicates there are around 315 veterans' club licensees in the state. This bill is intended to broaden the universe of veterans who may be served alcoholic beverages on club premises, increasing opportunities for fundraising to support veterans' assistance programs.
2) Sign Here for Beer? Opponents argue the bill does not require veterans' clubs to verify or record non-members who enter for purposes of alcoholic consumption. As a result, law enforcement may be unable to identify whether a particular individual was actually a veteran, member of the military, or bona fide guest, or was simply a private individual. Opponents believe a sign-in sheet or roster should be required as a condition for non-members purchasing or consuming alcohol at the clubs.
Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081
SB 685
Page 3
Date of Hearing: July 8, 2015
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SB 685
(McGuire) – As Amended June 25, 2015
SENATE VOTE: 40-0
SUBJECT: Alcoholic beverage service: veterans’ club license.
SUMMARY: Authorizes a holder of a veterans’ club license to sell and serve alcoholic beverages for consumption within the licensed establishment to members of other veterans’ organizations, active duty or reserve members of the Armed Forces, or veterans, as well as to the members of the veterans’ organization and their guests. Specifically, this bill:
1) Expands the privileges of the holder of a veterans’ club license by allowing such clubs to also serve and sell alcoholic beverages to bona fide members of other veterans' organizations, active duty or reserve members of the Armed Forces, or veterans defined in Section 18540.4 of the Government Code.
2) Specifies that a bona fide member of a veterans' organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign a roster before purchasing or being served alcoholic beverages for consumption.
3) Declares legislative intent to expand the rights of a holder of a veterans’ club license to serve and sell alcoholic beverages.
EXISTING LAW:
1) Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees for this purpose.
2) Defines “club” to mean a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. (B & P Code Section 23037)
3) Provides for the issuance of a “club” license allowing the sale of alcoholic beverages to a plethora of clubs/organizations (e.g., golf club, swimming club, tennis club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, National Guard or Air National Guard club, labor council, American Citizens club, local dental society club, condominium homeowners’ association, Hidalgo Society, nonprofit lawn bowls club, etc.).
4) Authorizes the issuance of a “veterans” club license and defines veteran to mean any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who has served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. (B & P Code Section 23450)
5) Defines “veteran” to mean any person who has served full time in the Armed Forces in time of national emergency or state military emergency or during an expedition of the Armed Forces and who has been discharged or released under conditions other than dishonorable. (Government Code Section 18540.4)
6) Provides that the holder of a veterans’ club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans’ organization and their bona fide guests.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill. Over the years, numerous “club” licenses have been added to the Act allowing the license holder to sell and serve alcoholic beverages for consumption within the licensed establishment and “only” to members of the club and their guests.
The existing veterans’ club license was first established during World War II and was developed to allow veterans organizations to operate as a clubhouse for members and their guests. There are currently approximately 317 of these licenses that are authorized to sell and serve alcoholic beverages only to bona fide members of the club and their guests for consumption within the licensed establishment.
According to the author’s office, this bill is intended to broaden the scope of “veterans” that can be served alcoholic beverages on the club’s premises thereby increasing opportunities for fundraising to support programs that provide assistance to veterans.
In support: Proponents note that this bill gives veterans organization posts which hold a veteran’s club license the opportunity to sell and serve alcohol within the licensed establishment to a greater universe of veterans, as specified.
In opposition: Opponents argue that as currently drafted, this bill does not provide any particular format for law enforcement or the ABC to differentiate between a bona fide guest and a private individual who enters the club for purposes of alcohol consumption. Opponents believe some sort of sign-up sheet or roster identifying guests and the club member should be required as a condition for alcohol purchase or consumption.
REGISTERED SUPPORT / OPPOSITION:
Support
AMVETS, Department of California
American Legion, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Jewish War Veterans
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Opposition
California Council on Alcohol Problems
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
SB 685
Page 4
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 685
Amended: 6/1/15
SENATE GOVERNMENTAL ORG. COMMITTEE: 11-0, 4/14/15
AYES: Hall, Berryhill, Block, Gaines, Galgiani, Hernandez, Hill, Hueso, Lara, McGuire, Vidak
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/28/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
SUBJECT: Alcoholic beverage service: veterans’ club license: beer and wine tasting
SOURCE: AMVETS, Department of California
DIGEST: This bill expands the privileges of a holder of a veterans’ club license by allowing the licensee to also sell and serve alcoholic beverages to bona fide members of other congressionally chartered veterans organizations, active duty or reserve members of the Armed Forces, or veterans, as defined.
ANALYSIS:
Existing law:
Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees for this purpose.
Defines “club” to mean a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. (B & P Code Section 23037)
Provides for the issuance of a “club” license allowing the sale of alcoholic beverages to a plethora of clubs/organizations (e.g., golf club, swimming club, tennis club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, National Guard or Air National Guard club, labor council, American Citizens club, local dental society club, condominium homeowners’ association, Hidalgo Society, nonprofit lawn bowls club, etc.).
Authorizes the issuance of a “veterans” club license and defines veteran to mean any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who has served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. (B & P Code Section 23450)
Defines “veteran” to mean any person who has served full time in the Armed Forces in time of national emergency or state military emergency or during an expedition of the Armed Forces and who has been discharged or released under conditions other than dishonorable. (Government Code Section 18540.4)
Provides that the holder of a veterans’ club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans’ organization and their bona fide guests.
This bill:
Expands the privileges of the holder of a veterans’ club license by allowing such clubs to also serve and sell alcoholic beverages to bona fide members of other congressionally chartered veterans organizations, active duty or reserve members of the Armed Forces, or veterans defined in Section 18540.4 of the Government Code.
Specifies that a bona fide member of a veterans organization, bona fide guest, active duty or reserve member of the Armed Forces, or veteran is not required to sign a roster before purchasing or being served alcoholic beverages for consumption.
Declares legislative intent to expand the rights of a holder of a veterans’ club license to serve and sell alcoholic beverages.
Background
Purpose of SB 685. Over the years numerous “club” licenses have been added to the ABC Act allowing the license holder to sell and serve alcoholic beverages for consumption within the licensed establishment and “only” to members of the club and their guests.
The existing veterans’ club license was first established during World War II and was developed to allow veterans organizations to operate as a club house for members and their guests. There are currently approximately 317 of these licenses which are authorized to sell and serve alcoholic beverages only to bona fide members of the club and their guests for consumption within the licensed establishment.
According to the author’s office, this bill is intended to broaden the scope of “veterans” that can be served alcoholic beverages on the club’s premises thereby increasing opportunities for fundraising to support programs that provide assistance to veterans.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, there will be unknown costs, potentially $95,000 annually for enforcement activities (Special Fund).
SUPPORT:
(Verified 5/29/15)
AMVETS, Department of California (source)
American Legion, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Jewish War Veterans
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
OPPOSITION: (Verified 5/29/15)
California Council on Alcohol Problems
ARGUMENTS IN SUPPORT: Proponents note that this bill gives veterans organization posts which hold a veteran’s club license the opportunity to sell and serve alcohol within the licensed establishment to a greater universe of veterans, as specified.
ARGUMENTS IN OPPOSITION: Opponents argue that as currently drafted, this bill does not provide any particular format for law enforcement or the Department of ABC to differentiate between a bona fide guest and a private individual who enters the club for purposes of alcohol consumption. Opponents believe some sort of sign-up sheet or roster identifying guests and the club member should be required as a condition for alcohol purchase or consumption.
Prepared by: Arthur Terzakis / G.O. / (916) 651-1530
6/1/15 15:45:52
SB 685 (McGuire) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 685 (McGuire) - Alcoholic beverage service: veterans’ club license: beer and wine tasting
|
|
Version: April 7, 2015 |
Policy Vote: G.O. 11 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: May 28, 2015 |
Consultant: Maureen Ortiz |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
SB 685 authorizes the holder of a veterans’ club license to serve and sell beer and wine to members of the general public within the licensed establishment as part of a beer tasting, wine tasting, or beer and wine tasting event.
Fiscal Impact (as approved on May 28, 2015):
Unknown, potentially $95,000 annually for enforcement activities (Special Fund)
The Department of Alcoholic Beverage Control (ABC) indicates that this bill will result in increased enforcement costs without any increase in fee revenue. Exact costs will be dependent on the number of wine and beer tasting events held and the number of complaints received. For instance, in FY 2013/14 the ABC received 23 complaints ranging from allegations such as gambling, disorderly, obviously intoxicated, sales to minors, and sales to non-members. Of the 23 complaints, 9 required extensive investigative and administrative time. The total cost to handle those 23 complaints was $230,715. SB 685 does not limit the number of events that each veteran’s club can hold.
Background:
The Department of Alcoholic Beverage Control currently provides licenses for several types of clubs and organizations including a veterans’ club, golf club, swimming club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, and many others.
The existing veterans’ club license, Type 52, was first established during World War 2 and was developed to allow veterans organizations to operate as a club house for members and their guests. There are currently 317 of these licensees which are authorized to sell and serve alcoholic beverages only to bona fide members of the veterans’ organization and their guests for consumption with the licensed establishment.
Proposed Law:
SB 685 expands the privileges of the holder of a veterans’ club license by creating a new provision in the ABC Act that authorizes the licensee, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer and wine, or food, for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans’ organization and their guests.
Staff Comments:
Holders of a veterans’ club license pay a $100 initial application fee and $100 annually to renew. The Type 52 licenses have limited privileges and are meant to allow the operation of a club house, not a restaurant or bar. While the existing Type 52 license restricts the serving and sale of alcoholic beverages to members of the veterans’ club and their guests, these organizations are currently able to obtain an additional catering permit (Type 58) which would allow them to sell alcoholic beverages at special events. The fee for a catering permit for a holder of a club license Type 52 ranges from $572-$876 depending on population. With a catering permit, holders of a Type 52 license may conduct an unlimited number of events each year. Another existing option for these clubs to use as a fundraising tool is to obtain a special one day license from ABC to fundraise and sell to the general public at their clubhouse by temporarily surrendering their original license. Providing an exemption to veterans’ clubs could result in revenue loss to the ABC ranging from $176,337 to $270,881 annually.
SB 685 is intended to provide veterans’ organizations with increased opportunities for fundraising in order to support programs that provide assistance to veterans.
Author Amendments (as adopted on May 28, 2015): Strike the provisions authorizing veterans’ organizations to serve members of the general public.
-- END --
SB 685 (McGuire) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 685 (McGuire) - Alcoholic beverage service: veterans’ club license: beer and wine tasting
|
|
Version: April 7, 2015 |
Policy Vote: G.O. 11 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: April 27, 2015 |
Consultant: Maureen Ortiz |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 685 authorizes the holder of a veterans’ club license to serve and sell beer and wine to members of the general public within the licensed establishment as part of a beer tasting, wine tasting, or beer and wine tasting event.
Fiscal Impact:
Potentially over $200,000 annually for enforcement activities (Special Fund)
The Department of Alcoholic Beverage Control (ABC) indicates that this bill will result in increased enforcement costs without any increase in fee revenue. Exact costs will be dependent on the number of wine and beer tasting events held and the number of complaints received. For instance, in FY 2013/14 the ABC received 23 complaints ranging from allegations such as gambling, disorderly, obviously intoxicated, sales to minors, and sales to non-members. Of the 23 complaints, 9 required extensive investigative and administrative time. The total cost to handle those 23 complaints was $230,715. SB 685 does not limit the number of events that each veteran’s club can hold.
Background:
The Department of Alcoholic Beverage Control currently provides licenses for several types of clubs and organizations including a veterans’ club, golf club, swimming club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, and many others.
The existing veterans’ club license, Type 52, was first established during World War 2 and was developed to allow veterans organizations to operate as a club house for members and their guests. There are currently 317 of these licensees which are authorized to sell and serve alcoholic beverages only to bona fide members of the veterans’ organization and their guests for consumption with the licensed establishment.
Proposed Law:
SB 685 expands the privileges of the holder of a veterans’ club license by creating a new provision in the ABC Act that authorizes the licensee, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer and wine, or food, for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans’ organization and their guests.
Staff Comments:
Holders of a veterans’ club license pay a $100 initial application fee and $100 annually to renew. The Type 52 licenses have limited privileges and are meant to allow the operation of a club house, not a restaurant or bar. While the existing Type 52 license restricts the serving and sale of alcoholic beverages to members of the veterans’ club and their guests, these organizations are currently able to obtain an additional catering permit (Type 58) which would allow them to sell alcoholic beverages at special events. The fee for a catering permit for a holder of a club license Type 52 ranges from $572-$876 depending on population. With a catering permit, holders of a Type 52 license may conduct an unlimited number of events each year. Another existing option for these clubs to use as a fundraising tool is to obtain a special one day license from ABC to fundraise and sell to the general public at their clubhouse by temporarily surrendering their original license. Providing an exemption to veterans’ clubs could result in revenue loss to the ABC ranging from $176,337 to $270,881 annually.
SB 685 is intended to provide veterans’ organizations with increased opportunities for fundraising in order to support programs that provide assistance to veterans.
-- END --
SB 685 (McGuire) Page 4 of 4
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Isadore Hall, III
Chair
2015 - 2016 Regular
Bill No: SB 685 Hearing Date: 4/14/2015
Author: |
McGuire |
||
Version: |
4/7/2015 |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Arthur Terzakis |
||
SUBJECT: Alcoholic beverage service: veterans’ club license: beer and wine tasting
DIGEST: This bill adds a new provision to the Alcoholic Beverage Control (ABC) Act that authorizes a holder of a veterans’ club license, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer, wine, or food for consumption within the licensed establishment to members of the veterans’ organization and their guests, as well as to members of the “general public.”
ANALYSIS:
Existing law:
Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation and sale of alcoholic beverages in this state and the collection of license fees for this purpose.
For purposes of the ABC Act, defines “club” to mean a corporation or association which is the owner, lessee, or occupant of an establishment operated solely for objects of a social or athletic nature but not for pecuniary gain, having a bona fide membership list, and the majority of the members of which pay dues at least once in every year, and the property as well as the advantages of which belong to the members, and which sells alcoholic beverages only to its members and its bona fide guests. (B & P Code Section 23037)
Provides for the issuance of a “club” license allowing the sale of alcoholic beverages to a plethora of clubs/organizations (e.g., golf club, swimming club, tennis club, horse riding club, beach and athletic club, handball or racquetball club, nonprofit mobile homeowners social club, national fraternal organizations, rod and gun club, peace officers and firefighters associations, nonprofit social and religious club, National Guard or Air National Guard club, labor council, American Citizens club, local dental society club, condominium homeowners’ association, Hidalgo Society, nonprofit lawn bowls club, etc.).
Also, authorizes the issuance of a “veterans” club license and defines veteran to mean any person who has served in the United States Army, Navy, Air Force, Marine Corps, Coast Guard, or as an active nurse in the service of the American Red Cross, or in the Army and Navy Nurse Corps in time of war, or in any expedition of the Armed Forces of the United States, or who has served in one of these services during the period September 16, 1940, to December 7, 1941, and received a discharge under conditions other than dishonorable. (B & P Code Section 23450)
Provides that the holder of a veterans’ club license may exercise all of the rights and privileges permitted by an on-sale general license but may sell and serve alcoholic beverages for consumption within the licensed establishment only to bona fide members of the veterans’ organization and their bona fide guests. Also, provides that a veterans’ club license is not transferable, as specified.
This bill:
Expands the privileges of the holder of a veterans’ club license by creating a new provision in the ABC Act that authorizes the licensee, as part of a beer tasting, wine tasting, or beer and wine tasting event, to sell and serve beer and wine, or food for consumption within the licensed establishment to members of the general public, as well as to the members of the veterans’ organization and their guests.
Makes other conforming changes, as specified.
Background
Purpose of SB 685: Over the years numerous “club” licenses have been added to the ABC Act allowing the license holder to sell and serve alcoholic beverages for consumption within the licensed establishment and “only” to members of the club and their guests.
According to the author’s office, existing law pertaining to club licenses limits the ability for veterans’ clubs to fundraise and support vital programs which provide assistance to California veterans due to the fact that the club license authorizes the sale of beverages for consumption within the licensed establishment and only to members of the veterans’ organization and their guests. This measure is intended to expand this existing privilege and allow veterans’ clubs to invite the general public on the premises for beer and wine tastings.
Prior/Related Legislation
AB 2793 (Governmental Organization Committee), Chapter 273, Statutes of 2010. Among other things, authorized the Department of ABC to issue a club license to nonprofit lawn bowls’ clubs that do not discriminate or restrict membership, as specified.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT:
AMVETS, Department of California (sponsor)
American Legion, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of Chapters
Jewish War Veterans
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
OPPOSITION:
California Council on Alcohol Problems
ARGUMENTS IN SUPPORT: Proponents note that this measure would give veteran organization posts which hold a veteran’s club license the opportunity to sell and serve alcohol within the licensed establishment to members of the public as well as the members of the post and their guests. Proponents state that SB 685 would “enable posts to not only increase revenues from non-member patrons, but could also grant them the ability to utilize their post buildings for non-member community events.”
ARGUMENTS IN OPPOSITION: Writing in opposition, the California Council on Alcohol Problems (CCAP) states that SB 685 “will increase commute dangers and other safety concerns in residential neighborhoods, generate additional cost to taxpayers, and will legally permit community establishments to morph into bars to peddle drinking as a means of fundraising, under the guise of tasting events.”
DUAL REFERRAL: Senate Appropriations Committee
Discussed in Hearing
2MIN
Senate Floor
2MIN
Assembly Standing Committee on Governmental Organization
1MIN
Senate Floor
3MIN
Senate Standing Committee on Appropriations
16MIN
