BILL NUMBER: SB 1260	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN SENATE  MAY 5, 2010
	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Yee
   (Principal coauthor: Assembly Member Hagman)

                        FEBRUARY 19, 2010

   An act to amend Section 23396.1 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1260, Yee. Alcoholic beverages: lodging establishments.
   The Alcoholic Beverage Control Act authorizes motels and hotels
having an on-sale general license for restricted service lodging
establishments, as described, to sell or furnish alcoholic beverages
for consumption on the premises by specified means.
   This bill would extend that authorization to allow those motels
and hotels having an on-sale general license for restricted service
lodging establishments to sell beer and wine for consumption on the
premises, where the beer or wine is sold in a food sale area, as
defined, located within the lodging establishment.
   The Alcoholic Beverage Control Act provides that a violation of
any of its provisions for which another penalty or punishment is not
specifically provided is a misdemeanor. By expanding the scope of an
existing crime, the bill would impose a state-mandated local program.

   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23396.1 of the Business and Professions Code is
amended to read:
   23396.1.  (a) An on-sale general license for restricted service
lodging establishments authorizes those hotels and motels described
in subdivision (b) to sell alcoholic beverages for consumption on the
premises only as follows:
   (1) By means of controlled access alcoholic beverage cabinets
located in guestrooms, subject to the conditions specified in Section
23355.2.
   (2) Under circumstances where the uniform cost of the alcoholic
beverages is included in the price of the overnight transient
occupancy accommodation, whether or not separately stated.
   (3) Beer and wine in sealed containers to the licensee's transient
guests and their invitees from a food sale area as defined in
subdivision (c) located within the lodging establishment itself.
   (b) For purposes of this division, a "restricted service lodging
establishment" is a hotel or motel, within the meaning of subdivision
(f) of Section 23355.2, which meets all of the following conditions:

   (1) It does not operate a bona fide eating place or other public
premise.
   (2) It has at least 10 guestroom accommodations.
   (3) It does not derive more than 5 percent of its total gross
annual revenues from sales of alcoholic beverages.
   (c) "Food sale area" means a food facility, within the meaning of
Section 113789 of the Health and Safety Code, that routinely offers
for sale, throughout the area's normal hours of operation each day to
all of the lodging establishment's transient guests and their
invitees, primarily items like prepackaged sandwiches, salads,
snacks, candy, dairy products, water, soft drinks, and other
nonalcoholic beverages in bottles or cans, and similar food items.
The "food sale area" may also offer for sale various items such as
health and beauty aids, cosmetics, nonprescription drugs, film,
batteries, and similar sundries.
   (d) A premises licensed pursuant to this section shall not be
authorized to sell or furnish alcoholic beverages to the general
public, shall not be entitled to a caterer's permit pursuant to
Section 23399, and shall not be entitled to exercise any off-sale
privileges pursuant to Section 23401. The provisions of Article 2
(commencing with Section 23815) of Chapter 5 do not apply to the
issuance of on-sale general licenses for restricted service lodging
establishments. An on-sale general restricted service lodging
establishment license may be transferred to another person but not to
another location. A licensee specified in this section shall
purchase no alcoholic beverages for sale in this state other than
from a wholesaler or winegrower licensee.
   (e) An applicant for an original on-sale general license for
restricted service lodging establishments shall, at the time of
filing the application for the license, accompany the application
with a fee of six thousand dollars ($6,000). The annual renewal fee
for a license issued pursuant to this section shall be the same as
the applicable annual renewal fee for an on-sale general license.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.