Scott Wiener's Bills

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SB 58 · 2019-20

Allows 3 a.m. alcohol sales in pilot cities

Official subject Alcoholic beverages: hours of sale.

Didn't pass Passed Senate, stopped in Assembly · Failed a floor vote

Plain-language summary

From 2022 through 2026, the Department of Alcoholic Beverage Control may issue licenses for alcohol sales between 2 a.m. and 3 a.m. in listed cities that opt in, including San Francisco and Oakland. The bill sets a protest and hearing process for applications. People under 21 who stay during the extra hour without lawful business commit a misdemeanor.

How these summaries are written

Official summary · Legislative Counsel's Digest

Describes the final version (Amended Assembly, Sept. 6, 2019).

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, 2022, and before January 2, 2027, 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 that 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 3 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 hour without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to Cathedral City, Coachella, Fresno, 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.

Timeline

  1. Dec. 17, 2018 Introduced
  2. May 21, 2019 Passed Senate 29 yes, 6 no
  3. Sept. 14, 2019 Stopped in the Assembly Failed a floor vote
Full official history (27 actions)
  1. Dec. 17, 2018 Introduced: Introduced. To Com. on RLS. for assignment. To print.
  2. Dec. 18, 2018 From printer. May be acted upon on or after January 17.
  3. Jan. 7, 2019 Read first time.
  4. Jan. 16, 2019 Referred to Com. on G.O.
  5. Feb. 20, 2019 Set for hearing March 12.
  6. March 6, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
  7. March 14, 2019 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 4. Page 332.) (March 12).
  8. March 18, 2019 Read second time and amended. Re-referred to Com. on APPR.
  9. March 25, 2019 From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
  10. April 5, 2019 Set for hearing April 22.
  11. April 22, 2019 April 22 hearing: Placed on APPR. suspense file.
  12. May 10, 2019 Set for hearing May 16.
  13. May 16, 2019 From committee: Do pass. (Ayes 5. Noes 1. Page 1088.) (May 16).
  14. May 16, 2019 Read second time. Ordered to third reading.
  15. May 21, 2019 Passed Senate: Read third time. Passed. (Ayes 29. Noes 6. Page 1181.) Ordered to the Assembly.
  16. May 22, 2019 In Assembly. Read first time. Held at Desk.
  17. June 10, 2019 Referred to Com. on G.O.
  18. July 11, 2019 From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 5.) (July 10). Re-referred to Com. on APPR.
  19. July 11, 2019 (Received at desk July 10 pursuant to JR 61(a)(10)).
  20. Aug. 14, 2019 August 14 set for first hearing. Placed on APPR. suspense file.
  21. Aug. 30, 2019 From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 30).
  22. Sept. 3, 2019 Read second time and amended. Ordered to second reading.
  23. Sept. 4, 2019 Read second time. Ordered to third reading.
  24. Sept. 6, 2019 Read third time and amended.
  25. Sept. 6, 2019 Ordered to third reading.
  26. Sept. 14, 2019 Read third time. Refused passage. (Ayes 29. Noes 35. Page 3615.)
  27. Sept. 14, 2019 Motion to reconsider made by Assembly Member Santiago.