AB 1275: Alcoholic beverage control: minors.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-22
Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.
This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.
Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.
This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.
Existing law requires the Department of Alcoholic Beverage Control to produce an alleged minor for examination in a hearing on an accusation charging a licensee with violating 3 specified provisions relating to providing alcoholic beverages to a minor, employing a minor to prepare or serve alcoholic beverages, or permitting a minor to enter and remain in the licensed premises, except as specified.
This bill would remove the requirement to produce the alleged minor in a hearing relating to 2 of the specified provisions and would instead require the department to produce the alleged minor decoy, as defined, in a hearing on an accusation charging a licensee with providing alcoholic beverages to a minor.
Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.This bill would make nonsubstantive changes to this provision.Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.
This bill would make nonsubstantive changes to this provision.
(a)In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.
(b)(1)Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.
(2)This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.
(c)For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.
(a)In a hearing on an accusation charging a licensee with a violation of Section 25658, the department shall produce the minor decoy alleged in the accusation for examination at the hearing unless the minor decoy is unavailable as a witness because they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.
(b)(1)Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.
(2)This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.
(c)For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.
(a)In any a hearing on an accusation charging a licensee with a violation of Sections Section 25658, 25663, and 25665, the department shall produce the minor decoy alleged minor in the accusation for examination at the hearing unless he or she the minor decoy is unavailable as a witness because he or she is they are dead or unable to attend the hearing because of a then-existing physical or mental illness or infirmity, or unless the licensee has waived, in writing, the appearance of the minor. minor decoy. When a minor decoy is absent because of a then-existing physical or mental illness or infirmity, a reasonable continuance shall be granted to allow for the appearance of the minor decoy if the administrative law judge finds that it is reasonably likely that the minor decoy can be produced within a reasonable amount of time.
(b)(1)Nothing in this section shall prevent the department from taking testimony of the minor decoy as provided in Section 11511 of the Government Code.
(2)This section is not intended to preclude the continuance of a hearing because of the unavailability of a minor decoy for any other reason pursuant to Section 11524 of the Government Code.
(c)For purposes of this section, minor decoy means a person under 21 years of age used by peace officers in the enforcement of Section 25658 to apprehend licensees, or employees or agents of licensees, or other persons who sell or furnish alcoholic beverages to minors.
SECTION 1.Section 33080 of the Education Code is amended to read:33080.Each child is a unique person, with unique needs, and the purpose of the educational system of the state is to enable each child to develop all of their own potential.Each child is a unique person, with unique needs, and the purpose of the educational system of this the state is to enable each child to develop all of his or her their own potential.
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Date
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Status
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| Sep 22, 2021 | Chaptered by Secretary of State - Chapter 208, Statutes of 2021. |
| Sep 22, 2021 | Approved by the Governor. |
| Sep 7, 2021 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2021 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 30, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2238.). |
| Aug 16, 2021 | Read second time. Ordered to Consent Calendar. |
| Jul 15, 2021 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 30, 2021 | In committee: Hearing postponed by committee. |
| Jun 22, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (June 22). Re-referred to Com. on APPR. |
| Jun 9, 2021 | Referred to Com. on G.O. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 27, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1656.) |
| May 20, 2021 | Read second time. Ordered to Consent Calendar. |
| May 19, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 19). |
| Apr 12, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 22. Noes 0.) (April 8). Re-referred to Com. on APPR. |
| Mar 22, 2021 | Re-referred to Com. on G.O. |
| Mar 18, 2021 | Referred to Com. on G.O. |
| Feb 22, 2021 | Read first time. |
| Feb 20, 2021 | From printer. May be heard in committee March 22. |
| Feb 19, 2021 | Introduced. 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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| Aug 30, 2021 | Consent Calendar AB1275 | Senate Floor |
Passed |
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| May 27, 2021 | AB 1275 Jones-Sawyer Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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