AB 3195

Bill Subjects

Alcoholic Beverages Hours Of Sale

Abstract

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application for, and the issuance and suspension of, alcoholic beverage licenses. Existing law requires moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. Existing law makes it a misdemeanor for any on- or off-sale licensee, or agent or employee of the licensee, to sell, give, or deliver to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and for any person who knowingly purchases any alcoholic beverages between those hours. This bill, beginning January 1, 2025, would allow an on-sale licensee, or their agent or employee, to sell or give alcoholic beverages until 4 a.m. on Fridays, Saturdays, and certain holidays if the licensee holds an additional serving hours license that the bill would create, as specified. The bill, beginning January 1, 2025, would authorize the department to issue an additional serving hours license if the local governing body of the city in which the licensed premises is located adopts an ordinance that meets certain requirements, as specified. Among those requirements are that the ordinance identify the additional serving hours area in which an on-sale licensed premises would be eligible for an additional serving hours license, include assessments of the impact of an additional hours service area, and show that the local law enforcement budget will be increased by at least 5% to mitigate public safety and transportation impacts. This bill would require an applicant for an additional hours license to pay a $2,500 fee at the time of application and specify that the fee for an original and annual additional hours license is $2,500; these fees would be deposited into the Alcohol Beverage Control Fund. The bill would prohibit an on-sale licensee from exercising off-sale privileges during the additional serving hours permitted pursuant to an additional serving hours license and specify that an additional serving hours license is not transferrable between on-sale licensed premises. The bill would authorize a local governing body to charge an additional serving hours licensee a fee to fund local law enforcement. This bill would require the department, upon receipt of an application by an on-sale licensee for an additional serving hours license, to make a thorough investigation. The bill would require the applicant to notify law enforcement and residents, who may then file with the department protests and requests for a hearing, as specified. The bill would make it a misdemeanor for any person under 21 years of age to enter and remain in licensed premises during the additional service hours period without lawful business therein punishable by a fine of not less than $200. By creating a new crime, the bill would impose a state-mandated local program. The bill would require the department to adopt rules and regulations to enforce these provisions. The bill would require a city that by ordinance creates an additional serving hours area to provide the Legislature an annual report on its impact, as specified. 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.