Scott Wiener's Bills

← All bills

SB 905 · 2017-18

Allows later bar hours in pilot cities

Official subject Alcoholic beverages: hours of sale.

Vetoed Vetoed Sept. 28, 2018

Plain-language summary

Creates a pilot program from 2021 to 2026. On-sale alcohol licensees in nine listed cities, including San Francisco, Oakland, and Los Angeles, could get an extra hours license to sell drinks from 2 a.m. to 4 a.m. Cities must opt in first. Applications can be protested. People under 21 may not stay in these venues during the extra hours.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Enrolled, Sept. 5, 2018).

Read the official summary (6 paragraphs)

The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for 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.

This bill, beginning January 1, 2021, and before January 2, 2026, would require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the qualified city in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses, as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to Cathedral City, Coachella, Long Beach, Los Angeles, Oakland, Palm Springs, Sacramento, San Francisco, and West Hollywood.

This bill would impose a state-mandated local program by creating new crimes.

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.

This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified cities.

Official title

An act to amend, repeal, and add Section 25631 of, and to add and repeal Section 25634 of, the Business and Professions Code, relating to alcoholic beverages.

Veto message · Sept. 28, 2018

The Governor's message, verbatim.

To the Members of the California State Senate:

I am returning Senate Bill 905 without my signature.

This bill would authorize nine California cities to extend the hours businesses can serve alcohol from 2 a.m. to 4 a.m.

Without question, these two extra hours will result in more drinking. The businesses and cities in support of this bill see that as a good source of revenue. The California Highway Patrol, however, strongly believes that this increased drinking will lead to more drunk driving.

California's laws regulating late night drinking have been on the books since 1913. I believe we have enough mischief from midnight to 2 without adding two more hours of mayhem.

Sincerely,

Edmund G. Brown Jr.

Timeline

  1. Jan. 17, 2018 Introduced
  2. May 30, 2018 Passed Senate 27 yes, 9 no
  3. Aug. 29, 2018 Passed Assembly 51 yes, 22 no
  4. Sept. 10, 2018 Enrolled and sent to the Governor
  5. Sept. 28, 2018 Vetoed by the Governor
Full official history (31 actions)
  1. Jan. 17, 2018 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Jan. 18, 2018 From printer. May be acted upon on or after February 17.
  3. Jan. 24, 2018 Referred to Com. on G.O.
  4. March 5, 2018 Set for hearing March 13.
  5. March 15, 2018 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 4366.) (March 13).
  6. March 19, 2018 Read second time and amended. Re-referred to Com. on APPR.
  7. April 9, 2018 Set for hearing April 16.
  8. April 16, 2018 April 16 hearing: Placed on APPR. suspense file.
  9. May 18, 2018 Set for hearing May 25.
  10. May 25, 2018 From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4299.) (May 25).
  11. May 25, 2018 Read second time and amended. Ordered to second reading.
  12. May 29, 2018 Read second time. Ordered to third reading.
  13. May 30, 2018 Passed Senate: Read third time. Passed. (Ayes 27. Noes 9. Page 4398.) Ordered to the Assembly.
  14. May 31, 2018 In Assembly. Read first time. Held at Desk.
  15. June 7, 2018 Referred to Com. on G.O.
  16. June 20, 2018 June 20 set for first hearing canceled at the request of author.
  17. July 2, 2018 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 6.) (June 28).
  18. July 3, 2018 Read second time and amended. Re-referred to Com. on APPR.
  19. Aug. 6, 2018 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
  20. Aug. 8, 2018 August 8 set for first hearing. Placed on APPR. suspense file.
  21. Aug. 16, 2018 From committee: Do pass as amended. (Ayes 12. Noes 0.) (August 16).
  22. Aug. 20, 2018 Read second time and amended. Ordered to second reading.
  23. Aug. 21, 2018 Read second time. Ordered to third reading.
  24. Aug. 23, 2018 Read third time and amended.
  25. Aug. 23, 2018 Ordered to third reading.
  26. Aug. 29, 2018 Passed Assembly: Read third time. Passed. (Ayes 51. Noes 22. Page 6773.) Ordered to the Senate.
  27. Aug. 29, 2018 In Senate. Concurrence in Assembly amendments pending.
  28. Aug. 30, 2018 Assembly amendments concurred in. (Ayes 28. Noes 8. Page 6051.) Ordered to engrossing and enrolling.
  29. Sept. 10, 2018 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 4 p.m.
  30. Sept. 28, 2018 Vetoed by the Governor: Vetoed by the Governor.
  31. Sept. 28, 2018 In Senate. Consideration of Governor's veto pending.