83 has also appropriated $3 million to backfill revenues related to these waivers. Senate Bill 94 and Assembly Bill 83 – Alcohol Beverage Control: License Renewal Fees: Waiverīusiness and Professions Code section 23320.3 was added and amended to include and expand eligibility of license renewal fee waivers. Finally, satellite food services associated with permitted food facilities may operate without submitting written operating procedures to an enforcement agency, and the state is not required to reimburse costs under Health and Safety Code section 114067. 61 also requires local jurisdictions to reduce the number of required parking spaces for existing uses based on the spaces needed to accommodate an expanded outdoor dining area. Takeaway: the ABC may now permit licensees to exercise their privileges in an expanded area for up to 365 days after the COVID-19 state of emergency is lifted. However, the change relating to satellite food services still requires these satellites to maintain their procedures onsite for review. Moreover, the California Constitution required the state to reimburse local agencies and school districts for certain costs mandated by the state. Previously, satellite food services of permitted food facilities were subject to more stringent regulations, including requiring servicers to submit written operating standards to the enforcement agency. 61 also provides that reimbursement is no longer required under this section. Health & Safety Code § 114067: Effective on October 8, 2021, and operative for one year after the state of emergency is lifted, permitted food facilities may operate satellite food service without obtaining a separate satellite food service permit or submitting written operating procedures. 61 now requires local jurisdictions to reduce the number of required parking spaces for existing uses based on the spaces that are needed to accommodate an expanded outdoor dining area. Pre-existing law authorized local legislative bodies to adopt ordinances that regulate zoning within their jurisdiction, including the number of required parking spots. 61 requires local jurisdictions to reduce the number of required parking spaces for existing uses by the number of spaces that are needed to accommodate an expanded outdoor dining area. This expanded area includes on-sale consumption of alcohol on property controlled by the licensee adjacent to licensed premises. 61 specifically authorizes the ABC to permit licensees to exercise their license privileges in an expanded area for up to 365 days after the end of the state of emergency proclaimed by the Governor. The ABC, pursuant to emergency orders of the Governor relating to COVID-19, has established temporary relief measures to suspend certain legal restrictions relating to expansion of licensed footprint, sales of to-go alcoholic beverages, and delivery privileges. Previously, it was unlawful for a licensee of the ABC to sell or serve alcoholic beverages outside of the licensed establishment’s approved footprint, with few exceptions. Code § 25750.5: On October 8, 2021, effective immediately, and for up to 365 days from the date the COVID-19 pandemic state of emergency proclaimed by the Governor is lifted, the Department of Alcoholic Beverage Control (ABC) may permit licensees to exercise license privileges in an expanded licensed area. Assembly Bill 61 – Business Pandemic Reliefīus. As always if you have any questions regarding these new laws or the potential effect of these changes to your business, facility, or products, please contact our California alcoholic beverage attorneys. If your business involves the manufacture or sale of alcoholic beverages, odds are good these changes affect you. The legal changes span from extending pandemic relief to permitting licensed wineries to open an additional off-site tasting room, to legalization of to-go cocktails, to eased restrictions on charitable giving, among many others. The below list of alcoholic beverage laws either went into effect immediately late in 2021 or went into effect on January 1, 2022. As we look forward to 2022, we have summarized key alcoholic beverage legal changes in California from the past year that may affect your business.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |