An act to add Section 23826.23 to the Business and Professions Code, relating to alcoholic beverages.
Summary
AB 1008 adds a new, county-specific exception to California’s Alcoholic Beverage Control Act for San Luis Obispo County. It authorizes the Department of Alcoholic Beverage Control to issue up to 10 additional original on-sale general licenses for bona fide public eating places in the county, with no more than five issued per year. The bill also allows holders of valid seasonal on-sale general licenses to apply for these new licenses.
The measure limits how the new licenses may be used and traded. They cannot be transferred out of San Luis Obispo County, cannot be moved to nonqualifying premises, and cannot be sold or transferred for more than the original fee paid by the seller or transferor. The department may also label them as on-sale general licenses for special use, but that designation does not change the bill’s restrictions. The bill includes legislative findings stating that a special statute is needed because tourism in the county has grown rapidly and is increasing demand for alcohol licenses.
Impact
AB 1008 creates a narrow statutory exception to the population-based cap on on-sale general licenses in the Business and Professions Code, specifically for San Luis Obispo County. It affects the Department of Alcoholic Beverage Control’s licensing authority by adding a county-specific licensing pool and by setting procedural and transfer restrictions for those licenses. The bill primarily affects restaurants and other bona fide public eating places in the county, as well as seasonal license holders seeking to expand or convert their licensing status.
Sentiment
The available voting record shows strong, unanimous support throughout the legislative process, with every recorded vote passing 0 nays. The bill advanced smoothly through committee and floor votes in both houses and was ultimately chaptered by the Governor. The absence of recorded opposition or committee testimony suggests the measure was broadly viewed as a targeted local response to tourism-driven demand for dining and alcohol service.
Contention
No major contention is reflected in the available record. The bill’s only apparent policy tension is between the state’s general population-based licensing limits and the need for a local exception in a tourism-heavy county. The restrictions on transferability and resale price appear designed to address concerns about speculation or windfall profits from the new licenses, while the inclusion of seasonal license holders suggests an effort to accommodate existing local businesses.
An act to amend Section 25613 of the Business and Professions Code, relating to alcoholic beverages. 25503.2 of the Business and Professions Code, relating to alcoholic beverages.