HomeMy WebLinkAboutSupplemental - AB 624, Department of Alcoholic Beverage ControlSTATE OF IFONNIA— BUSINESS,T NSMMATION AND HOUSING AGENCV GMY DAMS, Goremor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3a10 Rrdn Cwt, SLAB 150 1
SalanenN, CA 95834
(916)2&85890
December 19, 2001
To: County Board of Supervisors
City Councils
Mayors
Effective January 1, 2002, the Department of Alcoholic Beverage Control (ABC) will
implement changes to our regulatory responsibilities as mandated by bills enacted during
the 2001 Legislative Session. Assembly Bill 624, Chapter 931 (copy attached), amended
those sections of the Business and Professions (B &P) Code which directly affect the public
notification requirements in the ABC license application process and the authority of local
governing bodies to request conditions. This memo will provide you with a brief summary
of the changes to the law and information on our departmental procedural guidelines
related to these new legal requirements.
SUMMARY
AB 624 contains three major provisions:
• The Department is authorized to take into account ;Wjacent crime reporting districts IF
the applicant premises for an off -sale beer and wine license is located within 100 feet of
the boundaries of any adjacent crime reporting district (B &P Section 23817.7).
• The period of time for a local governing body to request conditions has been extended
10 days (from 30 to 40), IF the license to be transferred is located in a high crime district
AND a census tract with an existing overconcentration of such licenses (B& P Section
23800 (e) (2)).
• Applicants for retail licenses will be required to mail notices to Urp2ciin owners within a
500 -foot radius of the premises IF the local jurisdiction provides the names and
addresses FREE OF CHARGE. The requirement to mail notices to residents has not
changed, and the department will now provide the notice (ABC - 207- E), in English,
Spanish, Chinese, Korean, Vietnamese and Arabic (B &P Section 23985.5).
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The use of adjacent crime districts will be an internal, administrative change and except for
the need for ABC to have current and timely information from your respective law
enforcement agencies, this new requirement should not have a direct impact on your
governing body's operation or procedures in this area.
The new amendments to section 23800 (e) are more substantive and the additional 10 days
are designed to allow more time for your review of license transfer applications and
consideration of a decision to recommend to the Department appropriate conditions prior to
the issuance of the license. The requirement for this recommendation to be supported by
substantial evidence of problems and specific mitigating conditions has not been changed,
and the extra time permitted should enable a more thorough and comprehensive review.
Since the 40 day period only applies to premises within high crime and overconcentrated
areas (B &P Section 23958.4), we believe this change will allow our field staff and your
agency's personnel to focus on the problem locations within your jurisdiction and work
collaboratively in addressing the public safety concerns of our communities.
The enhancements to the public notification process are also designed to allow broader
community input into the ABC licensing decision- making process. We believe the ethnic
diversity of this state will be better accommodated by the multilingual notice form, and
informing nearby property OWNERS of a pending application is sound public policy. Since
the requirement to give notice to property owners is contingent upon your agencies
providing their names and addresses free of charge to the applicants, we are requesting you
tell us, in writing, when and how such information will be available. Once we receive this
verification, our field staff will ensure compliance with this new requirement on a local
jurisdictional level.
Please send this correspondence to:
Department of Alcoholic Beverage Control
Office of the Director
3810 Rosin Court, Suite 150
Sacramento, CA 95834
We appreciate your cooperation and support in the implementation of this important
legislation. The sale of alcoholic beverages is a complex regulatory, public safety and public
health issue. The Department of Alcoholic Beverage Control is committed to working with
all of you in the administration and enforcement of the ABC Act and for the protection of
all the citizens of the State of California.
Sincerely,
Manuel R. Espinoza
Interim Director
Attachment
Assembly Bill No. 624
CHAPTER 931
An act to amend Sections 23800, 23817.7, 23985.5, and 23987 of the
Business and Professions Code, relating to alcoholic beverages.
[ApprovSd by Governor October 14, 2001. Fled
with Secretary of Stare October 14, 2001.]
LEGISLATIVE COUNSELS DIGEST
AB 624, Oropeza. Alcoholic beverages: licenses.
(1) The Alcoholic Beverage Control Act authorizes the Department
of Alcoholic Beverage Control to impose reasonable conditions on the
exercise of retail privileges under the act. The department may impose
conditions on certain license transfers at the request of a local governing
body in whose jurisdiction the license is located.
This bill would require the local governing body to make the request
for imposition of conditions within 40 days after the department mails
notice of the transfer request, if the license to be transferred is located in
an area of undue concentration, as defined.
(2) The act prohibits the application for, and issuance of, an original
retail off -sale beer and wine license for any premises if the applicant
premises are located in a city, county, or city and county where the
number of retail off -sale beer and wine licenses, or total number of retail
off -sale beer and wine licenses and off -sale general licenses, exceeds one
license for a certain number of inhabitants. Existing law also provides
that, notwithstanding that prohibition, the department may approve an
application for a retail off -sale beer and wine license in those areas if the
applicant shows that public convenience or necessity would be served
by the issuance, and certain other conditions are met. Existing law
further provides that one condition for the issuance of the license is that
the applicant premises are located in a crime reporting district that is
below a certain specified threshold.
This bill would allow the department, in considering the application,
to take into account adjacent crime reporting districts if the applicant
premises are located within 100 feet of the boundaries of any adjacent
district.
(3). Under existing law, an applicant for a retail license to sell
alcoholic beverages, at a premises that is not currently licensed or for a
different retail license, is required to mail a notification of the application
to every resident of real property within a 500 -foot radius of the premises
for which the license is to be issued.
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Ch. 931 —2—
This bill would require that notification to also be mailed to every
owner of real property in that area, if the local jurisdiction in which the
license is to be issued provides the applicant, free of charge, with the
names and addresses of the owners of the real property. Additionally, the
bill would require the notification to be written in English and Spanish,
and would require the notice to include information on how to obtain the
notice in other languages.
(4) This bill would state the intent of the Legislature in enacting these
provisions.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) Local jurisdictions have the primary responsibility to protect their
citizens, and the sale of alcoholic beverages in a community often
exacerbates difficulties in providing adequate public safety protection.
(b) While the Department of Alcoholic Beverage Control permits
local jurisdictions to recommend conditions regarding an application for
an alcoholic beverage license, the timeframe for review is insufficient to
conduct an adequate investigation and develop, if needed, appropriate
conditions to recommend to the department.
(c) Local jurisdictions are greatly concerned about the capacity of the
department to assist with law enforcement problems associated with
licensees, as the department has only about 200 officers for
approximately 70,000 licensees.
(d) In order to improve the ability of local jurisdictions to gain
community input and better evaluate various options related to a specific
application, local jurisdictions should be given an extended period of
time to review license applications, notices of license applications to
affected residences should be enhanced, and the department should be
provided additional funding to support law enforcement efforts.
SEC. 2. Section 23800 of the Business and Professions Code is
amended to read:
23800. The department may place reasonable conditions upon retail
licensees or upon any licensee in the exercise of retail privileges in the
following situations:
(a) If grounds exist for the denial of an application for a license or
where a protest against the issuance of a license is filed and if the
department finds that those grounds may be removed by the imposition
of those conditions.
(b) Where findings are made by the department which would justify
a suspension or revocation of a license, and where the imposition of a
condition is reasonably related to those findings. In the case of a
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suspension, the conditions may be in lieu of or in addition to the
suspension.
(c) Where the department issues an order suspending or revoking
only a portion of the privileges to be exercised under the license.
(d) Where findings are made by the department that the licensee has
failed to correct objectionable conditions within a reasonable time after
receipt of notice to make corrections given pursuant to subdivision (e)
of Section 24200.
(e) (1) At the time of transfer of a license pursuant to Section
24071.1, 24071.2, or 24072 and upon written notice to the licensee, the
department may adopt conditions requested by the local governing body,
or its designated subordinate officer or agency, in whose jurisdiction the
license is located. The request for conditions shall be supported by
substantial evidence that the problems either on the premises or in the
immediate vicinity identified by the local governing body or its
designated subordinate officer or agency will be mitigated by the
conditions. Upon receipt of the request for conditions, the department
shall either adopt the conditions requested or notify the local governing
body, or its designated subordinate officer or agency, in writing of its
determination that there is not substantial evidence that the problem
exists or that the conditions would not mitigate the problems identified.
The department may adopt conditions requested pursuant to this
paragraph only when the request Is filed within the time authorized for
a local law enforcement agency to file a protest or proposed conditions
pursuant to Section 23987.
(2) If the license to be transferred subject to paragraph (1) is located
in an area of undue concentration as defined in Section 23958.4, the
period within which the local governing body or its designated
subordinate officer or agency may submit a written request for
conditions shall be 40 days after the mailing of the notices required by
Section 23987. For purposes of this provision only, undue concentration
shall be established when the requirements of both paragraph (1) of
subdivision (a) and either paragraph (2) or paragraph (3) of subdivision
(a) of Section 23958.4 exist. Pursuant to Section 23987, the department
may extend the 40-day period for a period not to exceed an additional 20
days upon the written request of any local law enforcement agency or
local government entity with jurisdiction. Nothing in this paragraph is
intended to reduce the burden of the local governing body or its
designated subordinate officer or agency to support any request for
conditions as required by paragraph (1). Notwithstanding Section
23987, the department may not transfer any license subject to this
paragraph until after the time period permitted to request conditions as
specified in this paragraph.
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Ch. 931 —4—
SEC. 3. Section 23817.7 of the Business and Professions Code is
amended to read:
23817.7. (a) Notwithstanding Section 23817.5, the department
may approve an application for an off -sale beer and wine license in areas
covered by Section 23817.5, if the applicant shows that public
convenience or necessity would be served by the issuance, and where all
of the following conditions are found to exist:
(1) The applicant premises are located in a crime reporting district
that is below that specified pursuant to paragraph (1) of subdivision (a)
of Section 23958.4. In considering an application, the department may
take into account adjacent crime reporting districts, if the applicant
premises are located within 100 feet of the boundaries of any adjacent
district. The department shall use an average of reported crimes in the
crime reporting district in which the premises are located and reported
crimes in any adjacent crime reporting district, if the total of crimes
reported in the adjacent district or districts is greater than the crime
reporting district in which the premises are located.
(2) The applicant premises are located in an area that falls below the
concentration level provided in paragraph (3) of subdivision (a) of
Section 23958.4.
(3) The local governing body of the area in which the applicant
premises are located, or its designated subordinate officer or body,
determines that public convenience or necessity would be served by the
issuance.
(b) The department may impose reasonable conditions on a licensee
as may be needed in the interest of the public health, safety, and welfare
regarding signing, training for responsible beverage sales and hours, and
mode of sale.
SEC. 4. Section 23985.5 of the Business and Professions Code is
amended to read:
23985.5. (a) Notwithstanding any other provision of this article, in
any instance affecting the issuance of any retail license at a premises that
is not currently licensed or for a different retail license, the department
shall require that the applicant mail notification of the application to
every resident and owner of real property within a 500 -foot radius of the
premises for which the license is to be issued.
(b) The department shall require the applicant to provide notification
to the owners of real property, as required in subdivision (a), only if the
local jurisdiction in which the license is to be issued provides, free of
charge, a list of the names and addresses of the owners to the applicant.
(c) For the notification required by subdivision (a), the department
shall develop bilingual notices in English and Spanish. The notice shall
include information on how to obtain the notice information in a
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minimum of three of the predominant languages other than English or
Spanish in the state, according to the most recent United States decennial
or special census information.
SEC. 5. Section 23987 of the Business and Professions Code is
amended to read:
23987. Upon the receipt by the department of an original application.
for any license or an application for transfer of any license, written notice
thereof, consisting of a copy of the application, shall immediately be
mailed by the department to the sheriff, chief of police, and district
attorney of the locality in which the premises are situated, to the city or
county planning director, whoever has jurisdiction, the board of
supervisors of the county in which the premises are situated, if in
unincorporated territory, and to the city council or other governing body
of the city in which the premises are situated, if within an incorporated
area.
Except as specified in paragraph (2) of subdivision (e) of Section
23800, no license shall be issued or transferred by the department until
at least 30 days after the mailing by the department of the notices
required by this section. The department may extend the 30-day period
specified in the preceding sentence for a period not to exceed an
additional 20 days, upon the written request of any local law
enforcement agency that states proper grounds for extension. Proper
grounds for extension are limited to the requesting agency or official
being in the process of preparing either a protest or proposed conditions
with respect to the issuance or transfer of a license.
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