BILL NUMBER: AB 1207 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2006
INTRODUCED BY Assembly Member Yee
FEBRUARY 22, 2005
An act to amend Section 24072 of the Business and
Professions Code, relating to alcoholic beverages. An
act to amend Section 20440 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1207, as amended, Yee Alcoholic beverages: licenses:
transfers. Code of Fair Campaign Practices.
Existing law requires that, at the time an individual is issued
his or her declaration of candidacy, nomination papers, or other
paper evidencing an intention to be a candidate for public office,
the elections official provide the individual with a form that the
individual may voluntarily sign, titled the "Code of Fair Campaign
Practices." Among other things, the Code of Fair Campaign Practices
sets forth specified conduct in which the individual pledges not to
engage in his or her election campaign.
This bill would add to the pledge contained in the Code of Fair
Campaign Practices that the individual shall not use or permit any
appeal to negative prejudice based on sexual orientation or gender
identity.
The Alcoholic Beverage Control Act sets forth the procedures for
applying for a liquor license. Existing law also establishes the
procedures for the transfer of an existing liquor license. Existing
law contains a schedule of fees that apply to specified transfers of
liquor licenses.
This bill would make a technical, nonsubstantive change to the
provision that sets forth the fees for transfers of liquor licenses
to eliminate a reference to a code section that has been repealed.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 20440 of the
Elections Code is amended to read:
20440. At the time an individual is issued his or her declaration
of candidacy, nomination papers, or any other paper evidencing an
intention to be a candidate for public office, the elections official
, shall give the individual a blank form of the
code and a copy of this chapter. The elections official shall inform
each candidate for public office that subscription to the code is
voluntary.
In the case of a committee making an independent expenditure ,
as defined in Section 82031 of the Government Code, the
Secretary of State shall provide a blank form and a copy of this
chapter to the individual filing, in accordance with Title 9
(commencing with Section 81000) of the Government Code, an initial
campaign statement on behalf of the committee.
The text of the code shall read, as follows:
"CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play
which every candidate for public office in the State of California
has a moral obligation to observe and uphold, in order that, after
vigorously contested, but fairly conducted campaigns, our citizens
may exercise their constitutional right to a free and untrammeled
choice and the will of the people may be fully and clearly expressed
on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing
the issues as I see them, presenting my record and policies with
sincerity and frankness, and criticizing without fear or favor the
record and policies of my opponents or political parties
which that merit such
this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation,
whispering campaigns, libel, slander, or scurrilous attacks on any
candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice
based on race, sex, religion, national origin, sexual
orientation, gend er identity, physical health
status, or age.
(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice
which that tends to corrupt or
undermine our American system of free elections, or which
that hampers or prevents the full and free
expression of the will of the voters including acts intended to
hinder or prevent any eligible person from registering to vote,
enrolling to vote, or voting.
(5) I SHALL NOT coerce election help or campaign contributions for
myself or for any other candidate from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving
from any individual or group which that
resorts, on behalf of my candidacy or in opposition to that of my
opponent, to the methods and tactics which
that I condemn. I shall accept responsibility to take firm
action against any subordinate who violates any provision of this
code or the laws governing elections.
(7) I SHALL DEFEND AND UPHOLD the right of every qualified
American voter to full and equal participation in the electoral
process.
I, the undersigned, candidate for election to public office in the
State of California or treasurer or chairperson of a committee
making any independent expenditures, hereby voluntarily endorse,
subscribe to, and solemnly pledge myself to conduct my campaign in
accordance with the above principles and practices."
_____________ ___________________________________
Date Signature
SECTION 1. Section 24072 of the Business and
Professions Code is amended to read:
24072. The following transfer fees shall be charged by the
department:
(a) The fee for transfer of a license other than a retail license
from a licensee to another person is a fee equal to 70 percent of the
annual fee for the license, except as provided in Section 24071.
(b) The fee for transfer of a retail license from a licensee to
another person is a fee equal to 50 percent of the original fee for
the license, but not to exceed one thousand two hundred fifty dollars
($1,250), or if no original fee is provided for by law, one hundred
dollars ($100).
(c) Except as provided in Section 24082, the fee for transfer of a
license from one premises to another premises is one hundred dollars
($100).
(d) Notwithstanding the other fee provisions of this section, the
fee for a transfer of an off-sale general license from one county to
another county shall be six thousand dollars ($6,000).
(e) The fee for transfer of an on-sale or off-sale retail license
to include the mother, father, son, or daughter of a licensee, when
no consideration is given for such transfer, shall be one-half of the
regular fee for transfer of a license from a licensee to another
person, as provided by this section.
All money collected from the fees provided for in this section
shall be deposited in the Alcohol Beverage Control Fund as provided
in Section 25761.