CA SB378

Department of Alcoholic Beverage Control may temporarily suspend or condition licenses by temporary restraining order when urgent action is necessary to protect against immediate threats to health or safety reasonably related to licensed business operations.

Petitions for emergency orders may be initiated by the department, city attorney, or county counsel, and must include an affidavit signed by the city's chief of police or county sheriff and the city manager or mayor describing the threat.

Licensees are entitled to present evidence and oral argument at an initial hearing with representation by counsel; if order is granted without notice, the department must accept the licensee's affidavits and documentary evidence into the record.

Immediate threats to health and safety include child endangerment, human trafficking, illegal drug manufacturing or distribution, prostitution, sexual assault, extortion, and violence resulting in great bodily injury or death occurring on the premises.

Emergency orders are subject to judicial review by superior court under Code of Civil Procedure Section 1094.5, limited to whether the department abused its discretion; hearing may be conducted electronically or in a different county upon department order.