SB 980 · 2021-22
Changes rules for issuing alcohol retail licenses
Official subject Alcoholic beverage licenses.
Didn't pass Stopped in the Senate · Held in Appropriations (suspense file)
Plain-language summary
Bars denying a retail license only because the site is within 100 feet of a home. Lets local governments waive mailed notice to neighbors. Ends the one-year bar on refiling after an application is withdrawn due to protests. A protest is deemed withdrawn if not reconfirmed within 30 days after 120 days without a hearing.
Official summary · Legislative Counsel's Digest
Describes the final version (Amended Senate, April 27, 2022).
Read the official summary (8 paragraphs)
(1)Existing law, the Alcoholic Beverage Control Act, contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control.
This bill would prohibit the department from denying the issuance of a retail license solely on the basis that the premises are located within 100 feet of a residence.
(2)Existing law requires an applicant to mail notification of an application for the issuance of a retail license to every resident and owner of real property within a 500-foot radius of the premises for which the license is to be issued, except as specified.
This bill would specify that the notice is not required if the local governing body of the jurisdiction in which the license is to be issued has adopted an ordinance waiving the notification requirement.
(3)Existing law provides that if an application for a license is voluntarily withdrawn as a result of any protest being filed opposing the issuance of the license, the applicant may not refile an application for the same location for one year. Additionally, existing law makes the verified protests valid against any subsequent applications filed for that premises for one year from the date of withdrawal.
This bill would repeal the one-year bar on refiling an application for the same location. The bill would limit the one-year validity period of verified protests to subsequent applications for a license of the same type that are filed for that premises.
(4)Existing law, after the department notifies an applicant and all protesting parties of its determination to issue a license, authorizes a protesting party to request the department to conduct a hearing on the issues protested.
This bill would require the department, after 120 days have elapsed since verification of a protest without holding a hearing, to notify the person who filed the verified protest of their need to reconfirm their request for a hearing in writing, and would deem the protest withdrawn if the person who filed the request for a hearing does not provide the confirmation within 30 days.
Official title
An act to amend Sections 23985.5, 24013.2, and 24015 of, to add Section 23795 to, and to repeal Section 24013.1 of, the Business and Professions Code, relating to alcoholic beverage control.
Timeline
- Feb. 10, 2022 Introduced
- May 19, 2022 Stopped in the Senate Held in Appropriations (suspense file)
Full official history (11 actions)
- Feb. 10, 2022 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
- Feb. 10, 2022 Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
- Feb. 11, 2022 From printer.
- Feb. 23, 2022 Referred to Com. on G.O.
- April 19, 2022 Set for hearing April 26.
- April 26, 2022 From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3510.) (April 26).
- April 27, 2022 Read second time and amended. Re-referred to Com. on APPR.
- April 29, 2022 Set for hearing May 9.
- May 9, 2022 May 9 hearing: Placed on APPR suspense file.
- May 13, 2022 Set for hearing May 19.
- May 19, 2022 May 19 hearing: Held in committee and under submission.