S11 - ABC Regulation and Reform. (SL 2019-49)
Session Year 2019
Overview: S.L. 2019-49 makes the following changes to the alcoholic beverage control laws:
- Requires second or third violations of the ABC laws not involving acts of violence, a controlled substance, or prostitution to occur within three years in order to result in the imposition of fines.
- Increases the maximum fines for violations of the ABC laws involving acts of violence, a controlled substance, or prostitution occurring upon the premises, and for these types of violations, authorizes the ABC Commission (Commission) to impose conditions on the operating hours of a business.
- Increases from $5,000 to $10,000 the maximum amount the Commission can accept in compromise in lieu of a permit revocation for certain violations.
- Repeals the Commission's authority to issue a permit to a person at least 19 years old who is a manager of a business, thereby requiring all persons to be at least 21 years old to obtain an ABC permit.
- Allows permittees to seek review of Commission permit decisions before an administrative law judge.
- Modifies the Commission's authority to summarily suspend or revoke a permit upon receiving certain information regarding an undercover investigation.
- Changes the definition of a "private club" to include only establishments that are 501(c) businesses and that have been in operation for at least 12 months before applying for an ABC permit.
- Creates a new definition of "private bar" and exempts them from regulation as a food and lodging establishment in the same way that "private clubs" are exempt from such regulation.
- Provides that permits issued to "private clubs," as defined before this act becomes law, are grandfathered and eligible for renewal as a private bar or a private club, as applicable under the new definitions of those terms.
This act has various effective dates. Please see the full summary for more detail.