California 2021-2022 Regular Session Status: Enacted 5 D cosponsors

SB 386 — Tied-house restrictions: advertising: mixed-use district.

Last action — Chaptered by Secretary of State. Chapter 309, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 11, 2021. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 6 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

Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from 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, or major tenant at a specified arena in the County of Orange or the County of Los Angeles. This bill would delete the above-described exception as it applies to the County of Orange. The bill would instead authorize specified licensees to sponsor events promoted by, and to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, operator, agent of the operator, or sole assignee of the operator's advertising rights of a mixed-use district located in the County of Orange. The bill would condition this authorization based on specified requirements, including that the mixed-use district consist of at least 90 acres and include office, residential, retail, and other uses, all of which are situated on land surrounding a fully enclosed arena with a fixed seating capacity in excess of 18,000 seats. The bill would authorize the advertising space or time to be purchased only in connection with retail, dining, entertainment, and events conducted on the grounds of the district and would regulate the location of the advertising that is authorized. The bill would make it a misdemeanor for certain licensees to induce, through coercion or other illegal means, the holder of a wholesaler's license to fulfill contractual obligations, as specified, and for an on-sale licensee to solicit certain licensees to purchase advertising space or time, as specified. By creating crimes, 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 the County of Orange. 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

Action History

  1. Chaptered by Secretary of State. Chapter 309, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 1. Page 2548.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 2882.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. From consent calendar on motion of Assembly Member Daly.

  11. Read second time. Ordered to consent calendar.

  12. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (August 19).

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 21. Noes 0.) (July 12). Re-referred to Com. on APPR.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.

  16. Referred to Com. on G.O.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 37. Noes 1. Page 912.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

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

  21. Set for hearing March 22.

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0. Page 420.) (March 9). Re-referred to Com. on APPR.

  23. Set for hearing March 9.

  24. Referred to Com. on G.O.

  25. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  26. (Ayes 32. Noes 4.)

  27. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  28. From printer. May be acted upon on or after March 14.

  29. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 114 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"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

Unfinished Business SB386 Umberg et al. Concurrence

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 21101
Republican 4000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Borgeas — Yea
Bradford — Yea
Portantino — Yea
Newman — Yea
Dodd — Yea
Melendez — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Bates — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Nielsen — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Wilk — Yea
Glazer — Nay
Eggman — Not Voting
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 Not Voting
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 →

SB 386 Umberg Senate Third Reading By Daly

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 43001
Republican 9000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Bloom — Yea
Mullin — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Chau — Yea
Gray — Not Voting
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
Burke — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — 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
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina 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
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 3000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Voepel — Yea
Mullin — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

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
Salas — Yea
Low — Yea
Frazier — Yea
Cooper — Yea
Jones-Sawyer — Yea
Smith — Yea
Bigelow — Yea
Daly — Yea
Cooley — Yea
Mathis — 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
Davies, Laurie Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading

Passed 37 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22100
Democratic 11002
Republican 4000
Total 37102
% of votes cast 93%3%0%5%
How each member voted (40)
Member Party Vote
Bradford — Yea
Portantino — Yea
Skinner — Yea
Min — Yea
Dodd — Yea
Melendez — Yea
Newman — Yea
Gonzalez — Yea
Rubio — Yea
Hertzberg — Yea
Atkins — Yea
Wilk — Yea
Bates — Yea
Pan — Yea
Wieckowski — Yea
Eggman — Yea
Nielsen — Yea
Leyva — Yea
Hueso — Yea
Kamlager — Yea
Borgeas — Yea
Roth — Yea
Glazer — Nay
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 Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
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]

Passed 12 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 3000
Republican 1000
Total 12002
% of votes cast 86%0%0%14%
How each member voted (14)
Member Party Vote
Wilk — Yea
Portantino — Yea
Hueso — Yea
Dodd — Yea
Nielsen — Yea
Borgeas — Yea
Bradford — Yea
Rubio — Yea
Glazer — Not Voting
Melendez — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does SB 386 do?
Existing law, the Alcoholic Beverage Control Act, generally prohibits a manufacturer, winegrower, distiller, bottler, or wholesaler, among other licensees, or agents of these licensees, from paying a retailer for advertising. The act creates a variety of exceptions from 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, or major tenant at a specified arena in the County of Orange or the County of Los Angeles. This bill would delete the above-described exception as it applies to the County of Orange. The bill would instead authorize specified licensees to sponsor events promoted by, and to purchase advertising space and time from, or on behalf of, an on-sale licensee that is the owner, operator, agent of the operator, or sole assignee of the operator's advertising rights of a mixed-use district located in the County of Orange. The bill would condition this authorization based on specified requirements, including that the mixed-use district consist of at least 90 acres and include office, residential, retail, and other uses, all of which are situated on land surrounding a fully enclosed arena with a fixed seating capacity in excess of 18,000 seats. The bill would authorize the advertising space or time to be purchased only in connection with retail, dining, entertainment, and events conducted on the grounds of the district and would regulate the location of the advertising that is authorized. The bill would make it a misdemeanor for certain licensees to induce, through coercion or other illegal means, the holder of a wholesaler's license to fulfill contractual obligations, as specified, and for an on-sale licensee to solicit certain licensees to purchase advertising space or time, as specified. By creating crimes, 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 the County of Orange. 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.
Who sponsors SB 386?
SB 386 is sponsored by Umberg, Thomas J. (Democratic), Archuleta, Bob (Democratic), Min, Newman, Daly, Petrie-Norris, Cottie (Democratic), Quirk-Silva, Sharon (Democratic), and Rubio, Susan (Democratic).
What is the current status of SB 386?
This bill has been enacted into law. Introduced February 11, 2021. Enacted.
Where can I track SB 386?
Track SB 386 free on One Click Politics — get push/email alerts when it moves.

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