Senate Bill No. 120

Introduced by Senator Roth

January 17, 2013

An act to amend Section 172g of the Penal Code, relating to intoxicating liquors, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 120, as introduced, Roth. Intoxicating liquors.

Existing law makes it a misdemeanor to sell, or expose for sale, any intoxicating liquor within one mile of the entrance to La Sierra College in the City of Riverside, as provided. A person who violates this provision is subject to a fine of not less than $100, imprisonment in a county jail of not less than 50 days nor more than one year, or both that fine and imprisonment.

This bill would reduce that distance to one-half mile.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 172g of the Penal Code is amended to
read:

172g.  

begin delete 1. end delete begin delete   end delete begin insert (a) end insert begin insert   end insert Every person who, within begin delete one end delete begin insert one-half end insert mile by
air line from the intersection of Sierra Vista, Pierce, and Campus
Drive streets at the entrance to La Sierra College in the City of
Riverside, or within one mile of the grounds or campus of Loma
Linda University in the County of San Bernardino, or within one
mile of the grounds of the University of Santa Clara in the City of
Santa Clara, sells, or exposes for sale, any intoxicating liquor, is
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than one hundred dollars ($100), or
by imprisonment in the county jail of not less than 50 days nor
more than one year, or by both begin delete such end delete begin insert that end insert fine and imprisonment
in the discretion of the court.

begin delete

2.

end delete

begin insert (b) end insert  The provisions of this section shall not apply to the sale or
exposing or offering for sale of ale, porter, wine, similar fermented
malt or vinous liquor or fruit juice containing one-half of 1 percent
or more of alcohol by volume and not more than 3.2 percent of
alcohol by weight nor the sale or exposing or offering for sale of
beer.

begin delete

3.

end delete

begin insert (c) end insert  Distances provided in this section shall be measured not by
air line but by following the shortest road or roads connecting the
points in question except those applying to La Sierra College.

SEC. 2.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to preserve the public peace, health, and safety by
stimulating local economic development at the earliest possible
time, it is necessary that this act take effect immediately.