California 2021-2022 Regular Session Status: Enacted 2 D cosponsors

AB 98 — Tied-house restrictions: advertising exceptions: City of San Jose.

Last action — Chaptered by Secretary of State - Chapter 267, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 09, 2020. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) 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 licensee that is an owner, manager, agent or assignee of the owner, or major tenant of certain venues, including a fully enclosed arena with a fixed seating capacity of more than 15,000 seats located in the City of San Jose. Existing law makes specified violations of these advertising provisions punishable as a misdemeanor. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by extending it to a fully enclosed arena with a fixed seating capacity of more than 4,000 seats located in the City of San Jose. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. (3) This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 1280 and AB 1330 to be operative only if this bill and SB 1280, AB 1330, or both are enacted and this bill is enacted last. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 267, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 21. Noes 0.) (August 29).

  6. Re-referred to Com. on G.O. pursuant to Assembly Rule 77.2.

  7. Assembly Rule 77(a) suspended.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Ordered to third reading.

  13. From Consent Calendar.

  14. Read second time. Ordered to Consent Calendar.

  15. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  16. From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (June 28). Re-referred to Com. on APPR.

  17. Re-referred to Com. on G.O.

  18. Re-referred to Com. on RLS.

  19. Withdrawn from committee.

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

  21. Senate Rule 26 invoked. (Kalra).

  22. In committee: Hearing postponed by committee.

  23. In committee: Hearing postponed by committee.

  24. Referred to Coms. on HUMAN S. and HEALTH.

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

  26. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1593.)

  27. Read second time. Ordered to third reading.

  28. From committee: Do pass. (Ayes 16. Noes 0.) (May 20).

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

  30. Re-referred to Com. on APPR.

  31. Read second time and amended.

  32. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 27).

  33. From committee: Do pass and re-refer to Com. on HEALTH with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 20). Re-referred to Com. on HEALTH.

  34. In committee: Hearing postponed by committee.

  35. Referred to Coms. on AGING & L.T.C. and HEALTH.

  36. Read first time.

  37. From printer. May be heard in committee January 9.

  38. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 98 Kalra Concurrence - Urgency Added

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 31001
Unaffiliated 39000
Republican 9000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

With recommendation: That Senate amendments be concurred in.

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 10001
Republican 3000
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
Cooley — Yea
Salas — Yea
Smith — Yea
Mathis — Yea
Cooper — Yea
Santiago — Yea
Jones-Sawyer — Yea
Low — Yea
Bigelow — Yea
Daly — Not Voting
Eduardo Garcia — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Berman, Marc Democratic Yea
Bryan, Isaac G. Democratic Yea
Gipson, Mike A. Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB98 Kalra et al. By Cortese Urgency Clause

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Unaffiliated 23000
Republican 4000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Leyva — Yea
Pan — Yea
Atkins — Yea
Dodd — Yea
Gonzalez — Yea
Rubio — Yea
Wilk — Yea
Skinner — Yea
Portantino — Yea
Kamlager — Yea
Melendez — Yea
Newman — Yea
Nielsen — Yea
Bradford — Yea
Glazer — Yea
Eggman — Yea
Hertzberg — Yea
Min — Yea
Roth — Yea
Wieckowski — Yea
Bates — Yea
Hueso — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Democratic 3000
Republican 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Melendez — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Kamlager — Yea
Nielsen — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Borgeas — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 98 Frazier Assembly Third Reading

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 41000
Republican 10000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Kiley — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 8000
Democratic 6000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Waldron — Yea
Wood — Yea
Maienschein — Yea
Bigelow — Yea
Mayes — Yea
Nazarian — Yea
Rodriguez — Yea
Burke — Yea
Santiago — Yea
McCarty — Yea
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Health] with recommendation: To Consent Calendar

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 2000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Nazarian — Yea
Voepel — Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rubio, Blanca E. Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does AB 98 do?
(1) 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 licensee that is an owner, manager, agent or assignee of the owner, or major tenant of certain venues, including a fully enclosed arena with a fixed seating capacity of more than 15,000 seats located in the City of San Jose. Existing law makes specified violations of these advertising provisions punishable as a misdemeanor. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by extending it to a fully enclosed arena with a fixed seating capacity of more than 4,000 seats located in the City of San Jose. By expanding the scope of a crime, this bill would impose a state-mandated local program. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose. (3) This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by SB 1280 and AB 1330 to be operative only if this bill and SB 1280, AB 1330, or both are enacted and this bill is enacted last. (4) 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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 98?
AB 98 is sponsored by Kalra, Ash (Democratic) and Cortese, Dave (Democratic).
What is the current status of AB 98?
This bill has been enacted into law. Introduced December 09, 2020. Enacted.
Where can I track AB 98?
Track AB 98 free on One Click Politics — get push/email alerts when it moves.

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