Alcoholic beverages: licenses: emergency orders.

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. The act authorizes the department to investigate potential violations of the act, authorizes the Director of Alcoholic Beverage Control to bring an action to enjoin a violation or a 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 department, by temporary restraining order, to temporarily suspend or condition any license, as defined, when, in the opinion of the department, and supported by a preponderance of the evidence indicating a pattern of behavior, the action is urgent and necessary to protect against an immediate threat to health or safety, as defined, that is reasonably related to the operation of the licensed business, subject to specified provisions, including provisions related to notice and judicial review. The bill would, in proceedings not initiated by the department, require evidence, as defined, to be presented prior to the issuance of temporary restraining order, which shall include an affidavit signed, under penalty of perjury, by specified persons. The bill would require that a licensee be granted the opportunity to present evidence, as specified, and oral argument at an initial hearing and would permit the licensee to be represented by counsel. For orders granted without notice, the bill would require the department to accept certain evidence from the licensee into the record. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. 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.