California 2015-2016 Regular Session Status: Passed Assembly

AB 2082 — Alcoholic beverages: licenses: emergency orders.

Last action — In committee: Set, first hearing. Failed passage. Reconsideration granted.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Alcoholic Beverage Control Act, which is administrated by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act authorizes the department to investigate potential violations of the act, authorizes the Director of the Department of Alcoholic Beverage Control to bring an action to enjoin a violation or the threatened violation of the act, and provides for a hearing process held on a protest, accusation, or petition for a license. This bill would authorize the director, by emergency order, to temporarily suspend, limit, or condition any license that authorizes consumption of alcohol on the premises of the licensee, except as specified, prior to any hearing when, in the opinion of the department, the action is urgent and necessary to protect against an immediate threat to health or safety that is reasonably related to the operation of the licensed business. The bill would, among other things related to the issuance and application of an emergency order, authorize a licensee against whom the order has been issued to petition for relief by written argument. The bill, upon order of the department, would authorize the hearing to be conducted electronically. The bill would authorize a licensee to bring a cause of action seeking damages against a local civil authority, law enforcement, or another public official acting in his or her official capacity, if the licensee can establish that the direct evidence proffered to the department to support the existence of an immediate threat to health or safety was false and presented with malicious intent.

Bill Text

Action History

  1. In committee: Set, first hearing. Failed passage. Reconsideration granted.

  2. 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.

  3. Referred to Com. on G.O.

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

  5. Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 17. Page 4950.)

  6. Read third time and amended. Ordered to third reading. (Page 4887.)

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 15. Noes 5.) (May 4).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 4.) (April 20). Re-referred to Com. on APPR.

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

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

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

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

  14. Referred to Com. on G.O.

  15. From printer. May be heard in committee March 19.

  16. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Campos

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Do pass, but first be re-referred to the Committee on [Appropriations]

Failed 5 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4701
Democratic 1000
Total 5701
% of votes cast 38%54%0%8%
How each member voted (13)
Member Party Vote
Bates — Nay
Block — Nay
Hernandez — Not Voting
Lara — Yea
Galgiani — Nay
Glazer — Nay
Hall — Yea
Hill — Yea
Hueso — Yea
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
McGuire, Mike Democratic Yea

Official roll call →

[First] hearing set for [06-28-2016]: Failed passage in Committee. Reconsideration granted

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Bates — Yea
Hernandez — Yea
Lara — Yea
Hall — Yea
Hill — Yea
Block — Yea
Hueso — Yea
Vidak — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2082 CAMPOS Assembly Third Reading

Passed 54 Yea · 17 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 471508
Democratic 5000
Republican 2201
Total 541709
% of votes cast 68%21%0%11%
How each member voted (80)
Member Party Vote
Baker — Yea
Bloom — Yea
Brough — Not Voting
Brown — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Gatto — Yea
Achadjian — Yea
Alejo — Yea
Medina — Yea
Salas — Yea
Bonilla — Yea
Frazier — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Burke — Yea
Atkins — Yea
Kim — Yea
Linder — Nay
Maienschein — Nay
Mayes — Not Voting
Bigelow — Nay
Campos — Yea
McCarty — Yea
Melendez — Not Voting
Nazarian — Yea
O'Donnell — Not Voting
Olsen — Nay
Chang — Nay
Chau — Yea
Chiu — Not Voting
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12400
Democratic 2000
Republican 1100
Total 15500
% of votes cast 75%25%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Holden — Yea
McCarty — Yea
Obernolte — Nay
Quirk — Yea
Santiago — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Chang — Nay
Daly — Yea
Wagner — Nay
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Nay

Official roll call →

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

Passed 13 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 11403
Democratic 2000
Republican 0001
Total 13404
% of votes cast 62%19%0%19%
How each member voted (21)
Member Party Vote
Alejo — Yea
Bigelow — Nay
Jones-Sawyer — Yea
Levine — Yea
Linder — Nay
Maienschein — Nay
Waldron — Yea
Cooper — Yea
Daly — Not Voting
Campos — Yea
Salas — Yea
Gray — Yea
Cooley — Yea
Steinorth — Nay
Wilk — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Gipson, Mike A. Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2082 do?
Existing law, the Alcoholic Beverage Control Act, which is administrated by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act authorizes the department to investigate potential violations of the act, authorizes the Director of the Department of Alcoholic Beverage Control to bring an action to enjoin a violation or the threatened violation of the act, and provides for a hearing process held on a protest, accusation, or petition for a license. This bill would authorize the director, by emergency order, to temporarily suspend, limit, or condition any license that authorizes consumption of alcohol on the premises of the licensee, except as specified, prior to any hearing when, in the opinion of the department, the action is urgent and necessary to protect against an immediate threat to health or safety that is reasonably related to the operation of the licensed business. The bill would, among other things related to the issuance and application of an emergency order, authorize a licensee against whom the order has been issued to petition for relief by written argument. The bill, upon order of the department, would authorize the hearing to be conducted electronically. The bill would authorize a licensee to bring a cause of action seeking damages against a local civil authority, law enforcement, or another public official acting in his or her official capacity, if the licensee can establish that the direct evidence proffered to the department to support the existence of an immediate threat to health or safety was false and presented with malicious intent.
Who sponsors AB 2082?
AB 2082 is sponsored by Campos.
What is the current status of AB 2082?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2082?
Track AB 2082 free on One Click Politics — get push/email alerts when it moves.

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