BILL NUMBER: SB 762	CHAPTERED  09/07/07

	CHAPTER  193
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2007
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2007
	PASSED THE SENATE  MAY 14, 2007
	PASSED THE ASSEMBLY  AUGUST 27, 2007
	AMENDED IN SENATE  MARCH 27, 2007

INTRODUCED BY   Senator Cox
   (Coauthor: Assembly Member Berryhill)

                        FEBRUARY 23, 2007

   An act to add Section 23826.9 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 762, Cox. 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 56th 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 23826.9 is added to the Business and
Professions Code, to read:
   23826.9.  (a) Notwithstanding any other provision of this chapter,
in any county of the 56th class, the department may issue 10
additional new original on-sale general licenses for bona fide public
eating places. 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 10 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 56th class
specified in Section 1, that are applicable only to the county of the
56th 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.