BILL NUMBER: SB 601	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2009
	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 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
  600  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
  600  feet of a public or private elementary or
secondary school.
   (b) The board shall issue a  new  retail license to a
retailer only for a retail location that is a traditional retail
location. For purposes of this section, "traditional retail location"
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   For purposes of a traditional
retail location and notwithstanding subdivision (c) of Section 22972,
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.   retailers or proximity
to a school. 
    (f) For purposes of this act, the State Board of
Equalization, the State Department of Public Health, and the
Department of Alcoholic Beverage Control shall share all information
in regards to retailers as necessary to implement this act.