SB 498: Alcoholic beverage control: violations.

Session Year: 2023-2024
House: Senate

Current Status:

Passed

(2023-10-08: Chaptered by Secretary of State. Chapter 613, Statutes of 2023.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, and the suspension of alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law authorizes an alcoholic beverage licensee, as provided, to petition the Department of Alcoholic Beverage Control for permission to make an offer in compromise, before the operative date of the suspension of the alcoholic beverage license, and to pay an amount in lieu of serving the suspension. Existing law prescribes certain guidelines for calculating the applicable amount of the offer in compromise for licensees, including, specifically for retail licensees, that an offer in compromise may not be less than $750 nor more than $3,000, or, if the retail licensee has had any other accusation against them within 3 years that resulted in the suspension or revocation of the license, not less than $1,500 nor more than $6,000.This bill would instead provide that an offer in compromise for retail licensees may not be less than $750 nor more than $6,000, or, where the licensee has had the retail license suspended or revoked, as specified, not less than $1,500 nor more than $12,000.

Existing law prohibits a licensee from petitioning for an offer in compromise if the proposed suspension exceeds 15 days. Existing law, notwithstanding that prohibition, authorizes a petition for an offer in compromise for a 2nd violation of specified provisions of existing law relating to the provision of alcohol to minors that occurs within 36 months of the initial violation without regard to the length of suspension and provides that the offer in compromise may not be less than $2,500 nor more than $20,000.

This bill would instead provide that the offer in compromise may not be less than $2,500 nor more than $40,000.

Existing law prohibits a person from providing an alcoholic beverage to a person under 21 years of age, to a habitual or common drunkard, or to an obviously intoxicated person, as specified. Existing law makes violation of those provisions a misdemeanor and makes any violation by a licensee of any provision of the Alcoholic Beverage Control Act a basis for revocation or suspension of a license.

This bill would authorize the department to consider as a factor, in determining the level of discipline for violations of the above-described prohibitions, whether there is a subsequent death or great bodily injury to the individual provided the alcoholic beverage or to any other person.

Existing law, for specified violations of the above-described prohibition on providing alcoholic beverages to persons under 21 years of age that result in great bodily injury or death, as specified, makes that violation a misdemeanor punishable by 6 months to one year in county jail, a fine of $1,000, or both.

This bill would increase the fine for that violation to $3,000.

Discussed in Hearing