AB 840 — Tied-house exceptions: advertising.

Summary

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or their officers, directors, or agents, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. In this regard, existing law specifically prohibits paying a retailer for advertising. Existing law creates a variety of exceptions to this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, agent or major tenant of the owner, or assignee of the owner's advertising rights of certain venues, subject to specified conditions. Existing law requires the purchase of advertising space or time, in this context, to be conducted pursuant to a written contract and, in certain instances, specifically authorizes a contract to be made with the owner, a long-term tenant of the complex, or a licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. In this context, existing law makes certain acts of coercion crimes, including when an on-sale licensee coerces other specified licensees to purchase advertising space or time. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by applying it to various facilities that are situated on California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, and on the campus of St. Mary's College of California located in the County of Contra Costa. The bill would additionally expand the exception applicable to a motorsports entertainment complex located in the County of San Bernardino, by reducing the minimum fixed seating capacity from 50,000 to 25,000. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for California State University campuses located in the Counties of San Luis Obispo, Fresno, Sacramento, Monterey, Orange, Santa Clara, and Los Angeles, the campus of St. Mary's College of California located in the County of Contra Costa, and certain facilities located in the County of San Bernardino. This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 392 to be operative only if this bill and SB 392 are enacted and this bill is enacted last. 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.

Bill Text

• Chaptered 10/07/23 - Chaptered Current pdf October 07, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 08/22/23 - Amended Senate pdf August 22, 2023
• Amended 06/28/23 - Amended Senate pdf June 28, 2023
• Amended 06/20/23 - Amended Senate pdf June 20, 2023
• Amended 03/23/23 - Amended Assembly pdf March 23, 2023
• Introduced 02/14/23 - Introduced pdf February 14, 2023
• AB840 View text html

Action History

1. October 07, 2023

   Chaptered by Secretary of State - Chapter 346, Statutes of 2023.

2. October 07, 2023

   Approved by the Governor.

3. September 14, 2023

   Enrolled and presented to the Governor at 4:30 p.m.

4. September 07, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3025.).

5. September 05, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

6. September 05, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2362.).

7. August 23, 2023

   Read second time. Ordered to third reading.

8. August 22, 2023

   Read third time and amended. Ordered to second reading.

9. August 15, 2023

   Read second time. Ordered to third reading.

10. August 14, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

11. July 11, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (July 11). Re-referred to Com. on APPR.

12. June 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

13. June 20, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.

14. June 07, 2023

    Referred to Com. on G.O.

15. May 31, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

16. May 30, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1875.)

17. May 18, 2023

    Read second time. Ordered to third reading.

18. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

19. April 26, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. April 13, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 18. Noes 0.) (April 12). Re-referred to Com. on APPR.

21. March 27, 2023

    Re-referred to Com. on G.O.

22. March 23, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.

23. February 23, 2023

    Referred to Com. on G.O.

24. February 15, 2023

    From printer. May be heard in committee March 17.

25. February 14, 2023

    Read first time. To print.

Sponsors

• Dawn Addis · Primary
• McCarty · Cosponsor
• Cottie Petrie-Norris · Cosponsor
• John Laird · Cosponsor
• Newman · Cosponsor

Votes

Subjects