BILL NUMBER: AB 2266	CHAPTERED  07/16/08

	CHAPTER  130
	FILED WITH SECRETARY OF STATE  JULY 16, 2008
	APPROVED BY GOVERNOR  JULY 16, 2008
	PASSED THE SENATE  JUNE 30, 2008
	PASSED THE ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008

INTRODUCED BY   Assembly Member Evans
   (Principal coauthor: Senator Wiggins)

                        FEBRUARY 21, 2008

   An act to add Section 23826.10 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2266, Evans. Alcoholic beverages: licenses.
   The Alcoholic Beverage Control Act, administered by the Department
of Alcoholic Beverage Control, regulates the sale and distribution
of alcoholic beverages and the granting of licenses for the
manufacture, distribution, and sale of alcoholic beverages within the
state. The act also provides for a limitation on the amount of
on-sale general licenses that may be issued by the department based
on the population of the county in which the licensed premises are
located, as provided.
   This bill would provide an exception to this limitation for a
county of the 29th class, as specified. The bill makes legislative
findings and declarations regarding the necessity of a special
statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 23826.10 is added to the Business and
Professions Code, to read:
   23826.10.  (a) Notwithstanding any other provision of this
chapter, in any county of the 29th class, commencing January 1, 2009,
the department may issue five additional new original on-sale
general licenses for bona fide public eating places per year, for a
period of three years. Any premises to qualify for a license under
this section shall have a seating capacity for 50 or more diners. In
no event shall more than 15 on-sale general licenses for bona fide
eating places be issued under this section.
   (b) In issuing the licenses provided for in this section, the
department shall follow the procedure set forth in Section 23961.
   (c) Nothing in this chapter shall prohibit a person who currently
holds a valid on-sale general license for seasonal business from
applying for an original on-sale general license pursuant to this
section.
   (d) A license issued under this section shall not be transferred
from one county to another nor shall it be transferred to any
premises not qualifying under this section.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances of the economy of the county of the 29th class
specified in Section 1, that are applicable only to the county of the
29th class, a statute of general applicability cannot be enacted
within the meaning of subdivision (b) of Section 16 of Article IV of
the California Constitution, and, therefore, this special statute is
necessary.