Bill Text: CA AB1639 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tobacco and cannabis products.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2020-07-27 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. [AB1639 Detail]

Download: California-2019-AB1639-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1639

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Introduced by Assembly Member Gray

February 22, 2019

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An act to amend Section 25511 of the Business and Professions Code, relating to alcoholic beverages, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

AB 1639, as introduced, Gray. Alcoholic beverages: tied-house restrictions: natural disaster.

The Alcoholic Beverage Control Act contains limitations on sales commonly known as “tied-house” restrictions, which generally prohibit a manufacturer, wholesaler, and specified others from furnishing, giving, or lending any money or other thing of value to any person engaged in operating, owning, or maintaining any licensed premises. Existing law permits a manufacturer or wholesaler to furnish, give, rent, lend, or sell equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost or damaged as a result of a natural disaster and whose premises are located in an area proclaimed to be in a state of disaster by the Governor, except for transactions that occur 3 months or more after the Governor proclaims an area to be in a state of disaster.

This bill would revise the above-described exception to permit a manufacturer or wholesaler to furnish, give, rent, lend, or sell equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were destroyed or damaged as a result of a fire, any act of God, or other force beyond the control of the retailer and whose premises are located in an area proclaimed to be in a state of disaster by the Governor, except for transactions that occur 90 days or more after the Governor proclaims an area to be in a state of disaster or after a fire, any act of God, or other force beyond the control of the retailer. The bill would authorize the Director of Alcoholic Beverage Control, in their discretion, to extend the 90-day period by an additional 90 days.

This bill would declare that it is to take effect immediately as an urgency statute.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 25511 of the Business and Professions Code is amended to read:

25511.

 (a) Notwithstanding any other provision of this division, a manufacturer or wholesaler, or any officer, director, or agent of any of those persons may furnish, give, rent, lend, or sell, directly or indirectly, any equipment, fixtures, or supplies, other than alcoholic beverages, to a retailer whose equipment, fixtures, or supplies were lost destroyed or damaged as a result of a natural disaster and a fire, any act of God, or other force beyond the control of the retailer or whose premises are located in an area proclaimed to be in a state of disaster by the Governor.

This

(b) (1) This section does not apply to transactions that occur three months 90 days or more after the Governor proclaims an area to be in a state of disaster. disaster or after a fire, any act of God, or other force beyond the control of the retailer.

(2) The director, in their discretion, may extend the 90-day period by an additional 90 days.

Nothing

(c) Nothing in this section is intended to affect or otherwise limit Section 23104.1, 23104.2, or 23104.3.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to protect businesses affected by fires, natural disasters, or other forces beyond control of the business owner, it is necessary that this act take effect immediately.