AB 2451: Alcoholic beverage control: legislative reports.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-09
Existing law requires the Director of Alcoholic Beverage Control, upon request from the Legislature, to prepare and submit to the Legislature a report on the departments activities and post the report on the departments Internet Web site. Existing law prescribes certain topics that this report is to address with reference to a previous fiscal year.
This bill would revise the prescribed content of the report described above. The bill would require the report to include information on the amount of funds allocated and spent by the department for licensing, enforcement, and administration in the previous five years, number of licenses issued, renewed, denied, suspended, and revoked, by license category in the previous five years, and the number, type, and amount of penalties, fines, and other disciplinary actions taken by the department in the previous five years. The bill would also require the report to contain a synopsis of legislation introduced in the previous year related to alcoholic beverage control.
Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prohibit unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Under existing law, the holder of a license to sell alcoholic beverages is subject to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law authorizes the licensee to refuse to sell or serve alcoholic beverages to any person unable to produce adequate written evidence that he or she is over 21 years of age. Under existing law, a violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.This bill would require the licensee to refuse to sell or serve alcoholic beverages to any person unable to provide adequate written evidence that he or she is over 21 years of age. By imposing a new requirement on a licensee under the Alcoholic Beverage Control Act, the violation of which would be a crime, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control to prohibit unlicensed manufacturing, selling, and disposing of alcoholic beverages, among other things. Under existing law, the holder of a license to sell alcoholic beverages is subject to criminal prosecution and suspension or revocation of that license if the licensee sells any alcoholic beverages to any person under 21 years of age. Existing law authorizes the licensee to refuse to sell or serve alcoholic beverages to any person unable to produce adequate written evidence that he or she is over 21 years of age. Under existing law, a violation of the Alcoholic Beverage Control Act is a misdemeanor, as provided.
This bill would require the licensee to refuse to sell or serve alcoholic beverages to any person unable to provide adequate written evidence that he or she is over 21 years of age. By imposing a new requirement on a licensee under the Alcoholic Beverage Control Act, the violation of which would be a crime, the bill would impose a state-mandated local program.
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.
(a)Notwithstanding Section 10231.5 of the Government Code, upon Upon request from the Legislature, the director shall prepare and submit to the Legislature a report on the departments activities and post the report on the departments Internet Web site. The report shall include, but not be limited to, the following information for any previous fiscal year requested by the Legislature: Legislature, except as otherwise specified below:
(1)The amount of funds allocated and spent by the department for licensing, enforcement, and administration. administration in the previous five years.
(2)The number of licenses issued, renewed, denied, suspended, and revoked, by license category. category in the previous five years.
(3)The average time for processing license applications, by license category.
(4)The number and type of enforcement activities conducted by the department and by local law enforcement agencies in conjunction with the department.
(5)The number, type, and amount of penalties, fines, and other disciplinary actions taken by the department. department in the previous five years.
(6)A synopsis of legislation introduced in the previous year related to alcoholic beverage control.
(b)The report submitted to the Legislature shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.Section 25659 of the Business and Professions Code is amended to read:25659.For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, shall refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over 21 years of age. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be 21 years of age or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees decision to not seize a license shall not create any civil or criminal liability.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.For the purpose of preventing the violation of Section 25658, any licensee, or his or her agent or employee, may shall refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years of age. A licensee, or his or her agent or employee, may seize any identification presented by a person that shows the person to be under the age of 21 years of age or that is false, so long as a receipt is given to the person from whom the identification is seized and the seized identification is given within 24 hours of seizure to the local law enforcement agency that has jurisdiction over the licensed premises. A licensee, his or her agent or employees decision to not seize a license shall not create any civil or criminal liability.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Jun 7, 2018 | Referred to Com. on RLS. |
| May 30, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 29, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 24, 2018 | Read second time. Ordered to Consent Calendar. |
| May 23, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 23). |
| Apr 19, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 21. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 10, 2018 | Re-referred to Com. on G.O. |
| Apr 9, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended. |
| Mar 5, 2018 | Referred to Com. on G.O. |
| Feb 15, 2018 | From printer. May be heard in committee March 17. |
| Feb 14, 2018 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 29, 2018 | AB 2451 AGUIAR-CURRY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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| May 23, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
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| Apr 18, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly 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
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Date
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| California Beer and Beverage Distributors | ** Support | Apr 17, 2018 |
Date of Hearing: May 23, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2451
Author:(Aguiar-Curry) – As Amended Ver:April 9, 2018
Policy Committee: | Governmental Organization | Vote: | 21 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill modifies the contents of a report the Director of the Department of Alcoholic Beverage Control (ABC) prepares upon request of the Legislature.
FISCAL EFFECT:
No state costs.
COMMENTS:
Purpose. According to the author, AB 2451 is intended to provide the Legislature with more detailed information about licensing, enforcement, and administration trends within ABC and the alcohol industry over a five-year cycle. Under current law, ABC must submit to the Legislature, if requested, a report that details ABC’s activities, such as the number of licenses issued and the number, and type, of enforcement activities. AB 2451 specifies that this information must cover the previous five years.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: April 18, 2018
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
ABPCA Bill Id:AB 2451 (
Author:Aguiar-Curry) – As Amended Ver:April 9, 2018
SUBJECT: Alcoholic beverage control: legislative reports
SUMMARY: Adds reporting requirements to an existing report on activities of the Department of Alcoholic Beverage Control (ABC) that is prepared and submitted by the Director of ABC to the Legislature, upon request and posted on its Internet Web site. Specifically, this bill:
1) Revises the prescribed content of the report to include:
a) Information on the amount of funds allocated and spent by ABC for licensing, enforcement, and administration in the previous five years.
b) The number of licenses issued, renewed, denied, suspended, and revoked, by license category in the previous five years,
c) The number, type, and amount of penalties, fines, and other disciplinary actions taken by ABC in the previous five years.
d) Require the report to contain a synopsis of legislation introduced in the previous year related to alcoholic beverage control.
EXISTING LAW:
1) Establishes ABC and grants it exclusive authority to administer the provisions of the Alcoholic Beverage Control Act (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) Requires ABC, upon request from the Legislature, to prepare and submit to the Legislature a report on the department’s activities and post the report on the department’s Internet Web site. The report shall include, but not be limited to, the following information for any previous fiscal year requested by the Legislature:
a) The amount of funds allocated and spent by ABC for licensing, enforcement, and administration;
b) The number of licenses issued, renewed, denied, suspended, and revoked, by license category;
c) The average time for processing license applications, by license category;
d) The number and type of enforcement activities conducted by ABC and by local law enforcement agencies in conjunction with the department; and
e) The number, type, and amount of penalties, fines, and other disciplinary actions taken by ABC.
FISCAL EFFECT: Unknown
COMMENTS:
ABC has the exclusive power, in accordance with laws enacted, to license and regulate the manufacture, importation and sale of alcoholic beverages in California. It also has the power for good cause to deny, suspend or revoke any specific alcoholic beverage license.
ABC has been producing and providing workload reports for the industry it regulates and groups interested in its licensing and enforcement activities since 1941. In 1999, ABC began posting all of its annual reports on its Internet Web site. For example, ABC provides on an annual basis: the Annual Workload Summary, the Performance Management Report, and the License Count Summary Report.
SB 325 (Hall), Chapter 257, Statutes of 2015, modified the annual reporting requirement to instead require ABC to provide the report upon request of the Legislature. The bill did not eliminate the statutory requirement for the report – it simply eliminated the requirement for a separate annual report to the Legislature thus enabling ABC to use its resources for other purposes. ABC stated that providing a separate report for the Legislature was duplicative and consumptive of limited resources and staff.
Purpose of the bill. According to the author's office, this bill is simply intended to provide the Legislature with more detailed information relating to licensing, enforcement, and administration trends within ABC and the alcohol industry over a five-year cycle, instead of on a yearly basis. This additional reporting requirement will provide the Legislature with more detailed information to review ABC’s performance in relation to constitutional and legislative mandates.
In support. The California Beer and Beverage Distributors, in support, states, "This bill is necessary to ensure the Legislature is aware of the licensing and enforcement activities of the ABC and requires the necessary transparency of the previous five-year period of work done by the department, should any questions ever arise."
Prior legislation. SB 325 (Hall), Chapter 257, Statutes of 2015. Deleted a requirement that ABC prepare and submit an annual report to the Legislature on ABC's activities, and instead required ABC to prepare and submit the report upon request of the Legislature. The bill also made technical, non-substantive changes to the Act.
AB 749 (Hall, Chapter 221, Statutes of 2011). Changed the period covered by ABC's annual report to the Legislature from a "calendar" year time period to a "fiscal" year.
SB 1480 (Committee on Governmental Organization, Chapter 296, Statutes of 2010. Among other things, deleted the requirement that the Director of ABC to include recommendations for legislation in the annual ABC report to the Legislature.
AB 2413 (Assembly Governmental Organization Committee), Chapter 579, Statutes of 2002. Required ABC to include information on enforcement efforts conducted in conjunction with local law enforcement in their annual report to the Legislature.
REGISTERED SUPPORT / OPPOSITION:
Support
California Beer and Beverage Distributors
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Bill Author
Bill Co-Author(s):