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Business

By Matthew Sanderson | Jan. 10, 2018

Jan. 10, 2018

Business

• AB 133 (Committee on Budget) This trailer bill makes technical changes on cannabis related issues necessary to implement the 2017 Budget Act.

An act to amend Sections 26001, 26040, 26053, 26055, 26060.1, 26069, 26070, 26090, 26104, 26130, 26140, and 26227.9 of the Business and Professions Code, to amend Sections 11553 and 11553.5 of the Government Code, to amend Section 11357 of the Health and Safety Code, and to amend Sections 34010, 34011, 34012, 34012.5, and 55044 of the Revenue and Taxation Code, relating to cannabis, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 228 (Gloria) Revises and recasts existing consumer protections for purchasers of autographed collectibles, which would apply those protections only to sports and entertainment collectibles sold for more than $50, narrow the definition of a dealer, revise the information required to be provided to the buyer, modify the range of the civil remedy, and create a new three-day right of cancellation in certain circumstances.

An act to amend Section 1739.7 of the Civil Code, relating to collectibles, and declaring the urgency thereof, to take effect immediately.

• AB 260 (Santiago) Increases the number of businesses and other establishments that are required to post a notice on their premises related to slavery and human trafficking, including information related to specified nonprofit organizations that provide services in support of the elimination of slavery and human trafficking. Specifically, this bill adds hotels, motels, bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, other than personal residences, to the list of businesses and other establishments that are required to post information about human trafficking on their premises

An act to amend Section 52.6 of the Civil Code, relating to human trafficking.

• AB 290 (Salas) Removes the current January 1, 2018 sunset date that would return the statute to its pre-2012 prohibition on dealers of agriculture, forestry, lawn care, and construction equipment from directly repossessing financed equipment after default. Defines repossession agency as not including certain persons and entities and extends that definition indefinitely.

An act to repeal and amend Section 7500.3 of the Business and Professions Code, relating to collateral recovery.

• AB 297 (Levine) This bill authorizes an on-sale general license for a wine and food cultural museum and educational center, located in the County of Sonoma. The license would allow the center to sell, furnish, or give alcoholic beverages for consumption on the premises and to have various off-sale privileges.

An act to amend Section 23396.2 of the Business and Professions Code, relating to alcoholic beverages.

• AB 326 (Salas) Empowers the Board of Barbering and Cosmetology (BBC) to promote awareness of physical and sexual abuse among their clients.

An act to amend, repeal, and add Sections 7314.3 and 7389 of, and to add Sections 7314.5 and 7319.7 to, the Business and Professions Code, relating to professions and vocations.

• AB 460 (Bigelow) Allows a fair who conducts live horse racing in the northern zone or a joint powers authority designated by a fair racing association to manage their race meet, to retain the additional 1% takeout from the wagering handle on fair races for deposit into the Fairs & Expositions Fund (F&E Fund) for the purpose of racetrack maintenance, safety at fairs, or other similar activities, as defined. In addition, authorizes a fair to contract with two or more fairs that are licensed to conduct thoroughbred meetings or simulcast wagering within the northern zone for the operation and management of a satellite wagering facility, as specified.

An act to amend Sections 19605 and 19614 of the Business and Professions Code, relating to horse racing, and making an appropriation therefor.

• AB 471 (Ting) Revises an existing exception in law by authorizing the Department of Alcoholic Beverage Control (ABC) to issue no more than five new original neighborhood-restricted special on-sale general licenses per year, until a total of 30 licenses are issued, to premises located in any of the census tracts, as specified, within the City and County of San Francisco. Additionally, this bill authorizes ABC to issue a maximum of 20 new original on-sale general licenses, over a four-year period, in the County of Napa, as specified.

An act to amend Sections 23826.10 and 23826.13 of the Business and Professions Code, relating to alcoholic beverages.

• AB 485 (O’Donnell) Prohibits a pet store operator from selling a live cat, dog, or rabbit in a retail pet store unless the dog, cat, or rabbit was obtained from a public animal control agency or shelter or rescue group as defined; requires all authorized sales of dogs and cats to be in compliance with laws requiring the spaying or neutering of animals; permits a public or private shelter to enter into cooperative agreement with animal rescue or adoption organizations regarding rabbits; and requires pet stores to maintain and post records relating to the source of each dog, cat, or rabbit the pet store sells for at least one year.

An act to amend Section 31753 of the Food and Agricultural Code, and to amend Section 122357 of, and to add Section 122354.5 to, the Health and Safety Code, relating to public health.

• AB 492 (Grayson) Permits a person, business, or nongovernmental entity to solicit a fee for providing a copy of a public record so long as the solicitation is accompanied by specified disclosures.

An act to add Section 17533.6.5 to the Business and Professions Code, relating to government documents.

• AB 522 (Cunningham) Allows a nonprofit corporation that has been issued a special temporary on-sale or off-sale beer or wine license pursuant to the Alcoholic Beverage Control Act (Act) and that has also obtained a raffle registration from the Department of Justice (DOJ), to offer, provide, or award alcoholic beverages as a prize in a raffle.

An act to amend Section 24045.6 of the Business and Professions Code, relating to alcoholic beverages.

• AB 593 (Gloria) Extends the sunset on the Structural Fumigation Enforcement Program (SFEP) from January 1, 2018, to January 1, 2023.

An act to amend Section 8698.6 of the Business and Professions Code, relating to structural fumigation.

• AB 609 (Santiago) This bill extends the sunset date for five years, from 2018 to 2023, for a specific provision in the Alcoholic Beverage Control (ABC) Act, which permits specified licensees (distilled spirits manufacturers and winegrowers) or an authorized agent, to provide, free of charge, entertainment, food, and distilled spirits, wine, or nonalcoholic beverages to consumers at an invitation-only event, held on specified premises, in connection with the sale or distribution of wine or distilled spirits, as provided.

An act to amend Section 25600.5 of the Business and Professions Code, relating to alcoholic beverages.

• AB 711 (Low) Would allow a beer manufacturer, as defined, to provide consumers free or discounted rides through taxicabs, transportation network companies, or any other ride service for the purpose of furthering public safety.

An act to amend Section 25600 of the Business and Professions Code, relating to alcoholic beverages.

• AB 997 (Aguiar-Curry) Allows a licensed winegrower and a licensed small beer manufacturer, whose premises of production are immediately adjacent to each other, to share a common area in which the consumption of alcoholic beverages is permitted, under specified circumstances.

An act to amend Section 25607 of the Business and Professions Code, relating to alcoholic beverages.

• AB 1108 (Daly) This bill updates two aspects of the California laws that regulate the self-storage industry to better fit the Internet age. First, this bill allows self-storage businesses to provide legal notices to customers by email, with the consent of the customer. Second, this bill clarifies that self-storage companies may use Internet auction sites when conducting public sale of storage unit contents.

An act to amend Section 21707 of, and to amend, repeal, and add Sections 21701, 21703, 21705, and 21712 of, the Business and Professions Code, relating to self-service storage facilities.

• AB 1221 (Gonzalez Fletcher) Establishes the Responsible Beverage Service (RBS) Training Program Act of 2017, and requires the Department of Alcoholic Beverage Control (ABC), on or before January 1, 2020, to develop, implement, and administer a curriculum for an RBS training program, as specified. Additionally, the bill requires, beginning July 1, 2021, an alcohol server, as defined, to successfully complete an RBS training course offered or authorized by ABC.

An act to add Article 4 (commencing with Section 25680) to Chapter 16 of Division 9 of the Business and Professions Code, relating to alcoholic beverages.

• AB 1278 (Low) Clarifies that, if a judgment is entered against a licensed contractor, the licensee’s qualifying person or personnel of record at the time of the activities on which the judgment is based is prohibited from serving on another license as a qualifying individual or other personnel of record, rather than just the licensee’s qualifying person or personnel of record at the time the judgement is entered and makes other clarifying changes.

An act to amend Section 7071.17 of the Business and Professions Code, relating to contractors.

• AB 1285 (Gipson) Prohibits the Department of Alcohol Beverage Control (ABC) from creating an official record of any administrative hearing by videographic recording and provides that this type of recording is inadmissible in any proceeding before the ABC Appeals Board or other proceedings, as specified.

An act to add Section 24301 to the Business and Professions Code, relating to alcoholic beverages.

• AB 1381 (Obernolte) This bill authorizes a funeral establishment to employ a trade embalmer for purposes of supervising apprentice embalmers.

An act to amend Section 7670 of the Business and Professions Code, relating to professions and vocations.

• AB 1491 (Caballero) Declares as void against public policy rent-to-own and other types of leasing contracts for pet dogs or cats that do not immediately transfer ownership of the animal to the purchaser.

An act to add Section 1670.10 to the Civil Code, relating to dogs and cats.

• AB 1535 (Maienschein) Allows a reference to a “separate shareholder agreement” to be included in the articles of incorporation.

An act to amend Section 2000 of the Corporations Code, relating to corporations.

• AB 1590 (Chen) Requires a structural pest control complaint against a nonlicensee, licensee, or registered company to be filed with the Structural Pest Control Board (Board) no later than two years after the act or omission or, in a matter involving fraud, gross negligence, or misrepresentation, no later than four years after commission of the act or omission and requires the Board to file any accusation no later than 18 months after the complaint was filed with the Board.

An act to amend Section 8621 of the Business and Professions Code, relating to professions and vocations.

• AB 1616 (Nazarian) Specifies that an alarm company operator or an alarm agent shall not be liable for civil penalties and fines assessed or imposed by a city, county, or city and county for false alarms not attributed to alarm company operator error, improper installation of the alarm system by an alarm agent or an alarm company operator, defective equipment provided or installed by an alarm agent or alarm company operator, or defective equipment leased by an alarm company operator.

An act to amend Section 7592.8 of the Business and Professions Code, relating to professions and vocations.

• AB 1636 (Aguiar-Curry) Makes changes to the California Deferred Deposit Transaction Law requiring the Department of Business Oversight (DBO) to make public licensee’s annual reports for inspection, as specified.

An act to amend Sections 22715 and 23026 of the Financial Code, relating to the Department of Business Oversight.

• AB 1705 (Low) Sunsets the State Board of Guide Dogs effective January 1, 2018 and establishes consumer protections.

An act to repeal and amend Section 205 of, and to repeal and add Chapter 9.5 (commencing with Section 7200) of Division 3 of, the Business and Professions Code, relating to professions and vocations.

• AB 1722 (Committee on Governmental Organization) Modifies an existing provision of the Alcoholic Beverage Control Act (Act), that prohibits a nonretail licensee, as defined, from offering, funding, producing, sponsoring, promoting, furnishing, or redeeming certain consumer coupons, by revising the definition of a “coupon” to remove the requirement that the discount be instantly provided and that an alcoholic beverage be purchased. In addition, this bill includes a mail-in rebate or mail-in discount, except as otherwise provided, as a “coupon.” In addition, the bill makes minor code maintenance changes to the Act.

An act to amend Section 25600.3 of, and to repeal Section 23792 of, the Business and Professions Code, relating to alcoholic beverages.

• AB 1723 (Committee on Governmental Organization) Extends the sunset date, until January 1, 2022, that requires any racing association or fair that conducts thoroughbred racing to pay a specified amount from owner’s purses to help fund a national marketing program and repeals the requirement that the respective Senate and Assembly Committees on Governmental Organization receive an annual expenditure report related to these funds. Additionally, this bill authorizes moneys in the welfare fund to be used to provide treatment for and support the health care needs of specified persons within the horse racing industry.

An act to amend Sections 19613.05, 19640, and 19641 of the Business and Professions Code, relating to horse racing.

• AB 1724 (Jones-Sawyer) Extends an existing exception in the Alcoholic Beverage Control Act (Act) pertaining to the general prohibition against advertising arrangements between retail, wholesale, and manufacturer licensees to include a specified outdoor stadium located in the City of Los Angeles (Banc of California Stadium, the future home of the Los Angeles Football Club). This bill also makes minor code maintenance changes to an outdated section of the Act.

An act to amend Sections 24204 and 25503.6 of the Business and Professions Code, relating to alcoholic beverages.

• AB 1727 (Committee on Jobs, Economic Development, and the Economy) This bill repeals and recasts provisions of the Government Code related to Foreign Trade Zones and the California Foreign Investment Program.

An act to amend Sections 6300, 6302, and 6304 of, to amend and renumber Sections 6315, 6315.1, 6315.2, and 6315.3 of, to add the heading of Article 6.7 (commencing with Section 12100.50) to Chapter 1.6 of Part 2 of Division 3 of Title 2 of, and to repeal Sections 6301, 6303, and 6305 of, and to repeal the heading of Chapter 4.2 (commencing with Section 6315) of Division 7 of Title 1 of, the Government Code, relating to economic development.

• SB 182 (Bradford) This bill prohibits a local government from requiring business licenses from drivers for transportation network companies who do not reside in its jurisdiction.

An act to add Chapter 7 (commencing with Section 16550) to Part 1 of Division 7 of the Business and Professions Code, relating to business.

• SB 228 (Dodd) Would permit the sale, possession, or consumption of beer on the grounds of a public schoolhouse for beer that is produced by a brewery owned or operated as part of an instructional program in brewing, if a license has been issued by the Department of Alcoholic Beverage Control (ABC).

An act to amend Section 25608 of the Business and Professions Code, relating to alcoholic beverages.

• SB 313 (Hertzberg) This bill fortifies consumer protections surrounding “automatic service renewal” or “continuous service” offers. Under existing law, businesses making such offers are required to follow certain procedures, including presenting the terms of such offers clearly and conspicuously; receiving a consumer’s affirmative consent to the agreement, and providing contact information and an easy-to-use mechanism for cancellation. This bill inserts additional consumer protections regarding price, terms, and cancellation.

An act to amend, repeal, and add Section 17602 of the Business and Professions Code, relating to advertising.

• SB 314 (Nguyen) This bill assists students who attended a massage therapy training program at an institution that was never deemed unapproved by the California Massage Therapy Council (CAMTC), by requiring CAMTC to accept hours earned at that institution towards certification as a massage therapist.

An act to amend Section 4604 of the Business and Professions Code, relating to massage therapy.

• SB 315 (Nguyen) Requires the California Massage Therapy Council (CAMTC) to assess its contact with non-English speakers, requires CAMTC to offer publicly available materials in languages other than English based on the assessment, and requires CAMTC to report its findings to the Legislature by January 1, 2019.

An act to amend Section 4602 of the Business and Professions Code, relating to healing arts.

• SB 340 (Hertzberg) This bill enables a court appointed trustee, liquidating agent, responsible officer or other representative, to sign and verify a certificate for dissolution when the corporation has been otherwise shut down as a result of a bankruptcy reorganization plan that was approved by the corporation’s creditors and the court.

An act to amend Section 1401 of, and to add Section 1401.5 to, the Corporations Code, relating to corporations.

• SB 363 (Committee on Insurance, Banking and Financial Institutions) This bill corrects an unintentional drafting error in a 2016 measure that amended the California Finance Lenders Law (CFLL), enacts changes to provisions of the Government Code regarding deposits, and makes technical corrections to update provisions of the Corporations Code.

An act to amend Sections 5260, 9260, 23000, 25100, 25101.1, and 25302 of the Corporations Code, to amend Section 22050.5 of the Financial Code, and to amend Sections 16305.8 and 16522 of the Government Code, relating to financial transactions.

• SB 461 (Allen) This bill reduces the minimum number of guestroom accommodations from 100 to 25 for an existing provision in the Alcoholic Beverage Control (ABC) Act that enables specified licensees, or any authorized agent of those persons to hold an ownership interest in a hotel or motel.

An act to amend Section 25503.16 of the Business and Professions Code, relating to alcoholic beverages.

• SB 486 (Monning) This bill authorizes the Contractors State License Board (CSLB) to issue letters of admonishment to an applicant, licensee, or registrant rather than issuing a citation, and it sets specific conditions for issuing letters.

An act to amend Sections 7099.2 and 7124.6 of the Business and Professions Code, relating to professions and vocations.

• SB 559 (Morrell) This bill authorizes a licensed private investigator to continue to organize as a limited liability company (LLC) until January 1, 2021; requires the licensee to report claims against its liability insurance or if they will become a LLC to the Bureau of Security and Investigative Services (BSIS); recasts and revises hourly credits a candidate for licensure may receive with a specified educational degree; prohibits the total amount of time credited to an applicant for these degrees from exceeding 2,000 hours of experience in investigation work; revises and recasts the definition of a “qualified manager”; and makes other technical, updating, conforming and clarifying changes.

An act to amend Sections 7512.3, 7512.7, 7515, 7518, 7520.3, 7521, 7521.5, 7525.1, 7526, 7527, 7527.5, 7529, 7530, 7531, 7533.5, 7536, 7537, 7538, 7538.5, 7539, 7541, 7541.1, 7561.1, 7561.3, 7561.4, and 7570 of, to add Section 7533.2 to, and to add and repeal Sections 7512.14 and 7512.15 of, the Business and Professions Code, relating to professions and vocations.

• SB 582 (Bradford) This bill extends an existing exception in the Alcoholic Beverage Control (ABC) Act pertaining to the general prohibition against advertising arrangements between retail, wholesale, and manufacturer licensees to include a specified stadium (The Los Angeles Stadium at Hollywood Park), and venue located in the City of Inglewood, and a specified outdoor stadium of at least 70,000 seats in Los Angeles County (The Los Angeles Memorial Coliseum).

An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages.

• SB 605 (Galgiani) This bill revises, beginning January 1, 2019, the definition of “small business” and “microbusiness” for purposes of the Small Business Procurement and Contract Act (Act) by increasing the dollar amount threshold for a small business to $15 million and for a microbusiness to $5 million and requires those dollar amounts to be adjusted to reflect changes in the California Consumer Price Index (CPI) biennially. In addition, this bill revises, beginning January 1, 2019, the definition of small business by specifying that, for the purposes of public works contracts and engineering contracts for public works projects, a “small business” means a business with 200 or fewer employees and average annual gross receipts of $36 million or less over the previous three years.

An act to amend Sections 14837 and 14838 of the Government Code, relating to public contracts.

• SB 654 (Dodd) This bill authorizes a city, county, or city and county to amend its local ordinance to increase the operation hours of a gambling establishment to up to 24 hours a day, 7 days a week.

An act to add Section 19961.05 to the Business and Professions Code, relating to gambling.

• SB 664 (Dodd) This bill extends an existing exception in the Alcoholic Beverage Control (ABC) Act pertaining to the general prohibition against advertising arrangements between retail, wholesale, and manufacturer licensees to include an outdoor stadium (AT&T Park – the home of the San Francisco Giants) and an indoor arena (Chase Center – the future home of the Golden State Warriors) with specified seating capacities located in the City and County of San Francisco.

An act to amend Section 25503.6 of the Business and Professions Code, relating to alcoholic beverages.

• SB 666 (Vidak) This bill prohibits a member of the California Gambling Control Commission (CGCC), the executive director, the chief, and any employee of the CGCC or Department of Justice (DOJ) who works on or supervises over gambling issues, for a period of two years after leaving office, from holding a direct or indirect interest in, hold employment with, represent or appear for, or negotiate on behalf of a gambling establishment, gambling enterprise, registrant, or licensee.

An act to amend Section 19981 of the Business and Professions Code, relating to gambling.

• SB 764 (Moorlach) This bill authorizes a real estate broker to use insurance in lieu of fidelity bonds to cover an unlicensed employee who is authorized to withdraw money from that broker’s trust fund account. The bill specifies that the bond or insurance coverage must protect the broker from intentional wrongful acts committed by his or her employee, including theft, dishonest acts, or forgery.

An act to amend Section 10145 of the Business and Professions Code, relating to real estate brokers.

• SB 800 (Committee on Business, Professions and Economic Development) This bill makes several non-controversial, minor, non-substantive, or technical changes to the laws relating to (1) various licensing and regulatory boards within the Department of Consumer Affairs (DCA) and (2) the regulation of commercial weighing and measuring devices.

An act to amend Sections 4013, 4316, 4980.09, 4980.44, 4980.72, 4984.4, 4984.7, 4984.9, 4989.46, 4992.8, 4996.3, 4996.6, 4996.17, 4999.12.5, 4999.32, 4999.33, 4999.42, 4999.53, 4999.60, 4999.61, 4999.62, 4999.63, 4999.118, 4999.120, 5094, 5680.1, 5680.2, 7075.1, 7145.5, 7558, 7583.5, 7583.20, 7583.21, 7583.32, 7586, 7590.1, 7593.11, 7598.17, 7599.54, 7713, 8567, 12003, 12014, 12022, 12103.5, 12204, 12206, 12303, 12304, 12310, 12310.5, 12313, 12500, 12500.8, 12501.1, 12511, 12602, 12603, 12701, 12707, 12716, 12717, 12722, 12734, 12737, 13432, 13433, 13434, and 22352 of, and to repeal Section 4001.5 of, the Business and Professions Code, to amend Sections 42639.1 and 85239.1 of the Education Code, to amend Section 1010 of the Evidence Code, to amend Section 424 of the Government Code, and to amend Section 11165.7 of the Penal Code, relating to professions and vocations.

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