SB 1315

Bill Subjects

Abstract

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law prohibits a person from exercising a privilege or performing an act which a licensee may exercise or perform under the authority of a license unless the person has a valid license. Existing law prescribes various requirements regarding where alcoholic beverages may be consumed and generally defines a "licensee" to include any person holding a license, a permit, a certification, or any other authorization issued by the department. Existing law generally provides that a violation of the Alcoholic Beverage Control Act for which another punishment is not otherwise provided is a misdemeanor. This bill would authorize the issuance of a consumption area permit to a person, in the City of San Jose, who owns, operates, or manages a privately owned commercial area, as specified. The bill would prescribe requirements for the issuance of a consumption area permit and for operations under the permit, which would authorize consumers to remove alcoholic beverages from the licensed premises where sold and consume them within a specified consumption area. The bill would prohibit issuance of the permit to a premises licensed to sell alcoholic beverages. The bill would require that alcoholic beverages consumed in the permitted consumption area be sold only by licensees contiguous to the area that are licensed for on-sale consumption. The bill would require that the licensees be jointly responsible for compliance with all laws that may subject their licenses to discipline that result from violations in the permitted area and would prescribe requirements in this regard. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would require a consumption area permitholder to implement various security measures necessary to prevent persons under 21 years of age from possessing or consuming alcoholic beverages and other violations of the act in the permitted consumption area. The bill would require that the permitholder limit the hours during which alcoholic beverages can be consumed and, during permitted consumption hours, maintain temporary or permanent physical barriers with clear entrances and exits or other security measures around the permitted consumption area. The bill would permit a licensed manufacturer to sell alcoholic beverages consumed in the permitted consumption area along with multiple licensed retailers that are authorized to sell alcoholic beverages consumed in the permitted consumption area, as provided. The bill would permit a licensed manufacturer, in this context, to advertise or promote the permitted consumption area, subject to certain requirements. The bill would prescribe other restrictions on the permitholder and the permitted area and would prescribe fees and disciplinary provisions in this connection. This bill would make legislative findings and declarations as to the necessity of a special statute for premises located in the City of San Jose. 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.