BILL NUMBER: SB 601	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2009
	AMENDED IN SENATE  APRIL 28, 2009
	AMENDED IN SENATE  APRIL 15, 2009

INTRODUCED BY   Senator Padilla
   (Principal coauthor: Senator Oropeza)
   (Coauthors: Senators DeSaulnier  , Leno,  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 600 feet of a
school, except as specified, and would limit the issuance of licenses
to retailers for a traditional retail location, as defined. 
   This bill would require the Department of Alcoholic Beverage
Control and the State Department of Public Health to provide
specified information to the board upon request. 
   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 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   The   State Department of
Public Health may petition the board to adopt regulations that 
specify other locations that would constitute a traditional retail
location.
   (c) 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  
600  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.   period, the license shall be
deemed denied. 
   (e) This section shall not preempt a local jurisdiction from
adopting an ordinance that is more restrictive than this section with
regard to 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.  
   (f) The Department of Alcoholic Beverage Control, shall, upon
request, provide to the board any licensure information, including,
but not limited to, applications, license issuance, license
transfers, license denials, or any other information necessary to
administer this chapter. The State Department of Public Health,
shall, upon request, provide to the board any information, including,
but not limited to, statewide information on the annual Youth
Tobacco Purchase Survey, STAKE compliance checks, California
retailers and youth tobacco control laws, or any other information
necessary to administer this chapter.