BILL NUMBER: SB 601	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2009

INTRODUCED BY   Senator Padilla
    (   Principal coauthor:   Senator 
 Oropeza   ) 
    (   Coauthors:   Senators  
DeSaulnier   and Romero   ) 

                        FEBRUARY 27, 2009

   An act to add Section 22973.4 to the Business and Professions
Code, relating to cigarette and tobacco products.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 601, as amended, Padilla. Retail tobacco licenses.
   The California Cigarette and Tobacco Products Licensing Act of
2003 requires a retailer to obtain a license from the State Board of
Equalization to engage in the sale of cigarette and tobacco products
in this state. A retailer owning more than  1  
one  retail location must obtain a separate license for each
retail location.
   This bill would specify that a  new  license may not be
issued to a retailer for a retail location that is located within
1,000 feet of a school,  except as specified,  and would
limit the issuance of licenses to retailers for a traditional retail
location, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 22973.4 is added to the Business and
Professions Code, to read:
   22973.4.  (a) The board shall not issue a  new  retail
license to a retailer for a retail location that is located within
1,000 feet of a public or private elementary or secondary school.
   (b) The board shall issue a retail license to a retailer only for
a retail location that is a traditional retail location. For purposes
of this section, "traditional retail location"  means
  includes, but is not limited to,  a grocery
store, convenience store, pharmacy, liquor store,  gas station,
smoke shop, wine and cigar store, superstore,  or a tobacco or
cigar store.  The board may adopt regulations that specify other
locations that would constitute a traditional retail location. 

   (c) This section shall not apply to the renewal or transfer of a
retail license.  
   (d) (1) Notwithstanding subdivision (a), the State Board of
Equalization may issue a new retail license to a retailer for a
retail location that is located within 1,000 feet of a public or
private elementary school if the local governing body of the area in
which the applicant's premises are located, or its designated
subordinate officer or body, determines within 90 days of
notification of a completed application that public convenience or
necessity would be served by the issuance. The 90-day period shall
commence upon receipt by the local governing body of either of the
following:  
   (A) Notification by the State Board of Equalization of an
application for licensure.  
   (B) A completed application according to local requirements, if
any, whichever is later.  
   (2) If the local governing body, or its designated subordinate
officer or body, does not make a determination within the 90-day
period, then the State Board of Equalization may issue a license
under paragraph (1) if the applicant shows the State Board of
Equalization that public convenience or necessity would be served by
the issuance. In making its determination, the State Board of
Equalization shall not attribute any weight to the failure of the
local governing body, or its designated subordinate officer or body,
to make a determination regarding public convenience or necessity
within the 90-day period.  
   (e) This section shall not preempt a local jurisdiction from
adopting an ordinance that is more restrictive than this section with
regard to retailers.