BILL NUMBER: AB 1303 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Section 25503.24 of the Business and
Professions Code, relating to alcoholic beverages.
65961 of, and to add Section 66452.25 to, the Government Code,
relating to land use, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1303, as amended, Gray. Alcoholic beverages:
tied-house restrictions. Subdivision Map Act: map
expiration dates.
(1) The Subdivision Map Act vests the authority to regulate and
control the design and improvement of subdivisions in the legislative
body of a local agency, and sets forth procedures governing the
local agency's processing, approval, conditional approval or
disapproval, and filing of tentative, final, and parcel maps, and the
modification thereof. The act generally requires a subdivider to
file a tentative map or vesting tentative map with the local agency,
as specified, and the local agency, in turn, to approve,
conditionally approve, or disapprove the map within a specified time
period. The act requires an approved tentative map or vesting
tentative map to expire 24 months after its approval, or after an
additional period of time prescribed by local ordinance, not to
exceed 12 months. However, the act extends the expiration date of
certain approved tentative maps and vesting tentative maps, as
specified.
This bill would extend by 24 months the expiration date of any
approved tentative map or vesting tentative map that was approved on
or after January 1, 2000, within a county that meets specified
criteria. The bill would additionally require the extension of an
approved or conditionally approved tentative map or vesting tentative
map, or parcel map for which a tentative map or vesting tentative
map was approved on or before December 31, 1999, upon application by
the subdivider at least 90 days prior to the expiration of the map,
as specified. By adding to the procedures that local agency officials
must follow, this bill would impose a state-mandated local program.
(2) The Permit Streamlining Act prohibits a local agency, after
its approval of a tentative map for a subdivision of single- or
multiple-family residential units, from requiring conformance with,
or the performance of, any conditions that the local agency could
have lawfully imposed as a condition to the previously approved
tentative or parcel map, as a condition to the issuance of any
building permit or equivalent permit upon approval of that
subdivision, during a 5-year period following the recordation of the
final map or parcel map for that subdivision. The act also prohibits
a local agency from refusing to issue a building permit or equivalent
permit for a subdivider's failure to conform with or perform those
conditions. However, the act also provides that this 5-year period is
a 3-year period for a tentative map extended pursuant to a specified
provision of law, and the local agency is not prohibited from
levying a fee, or imposing a condition that requires the payment of a
fee upon the issuance of a building permit, with respect to the
underlying units.
This bill would provide that a tentative map extended pursuant to
its provisions is also subject to the truncated 3-year period
described above, and that the local agency is not prohibited from
levying a fee, as specified, or imposing a condition that requires
the payment of a fee upon the issuance of a building permit, with
respect to the underlying units. By adding to the procedures that
local agency officials must follow, this bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Existing law, the Alcoholic Beverage Control Act, prohibits
specified holders of alcoholic beverage licenses from having
specified relationships with an on-sale alcoholic beverage licensee,
with limited exceptions. Existing law permits a manufacturer,
winegrower, rectifier, distiller, distilled spirits wholesaler, or
any agent of those licenses, to conduct market research and, in
connection with that research, to purchase from licensed off-sale
retailers data, regarding purchases and sales of alcoholic beverage
products, at the customary rates that those retailers sell similar
data for nonalcoholic beverage products, provided that no licensed
retailer shall be obligated to purchase or sell the alcoholic
beverages of the manufacturer, winegrower, rectifier, or distiller. A
violation of the Alcoholic Beverage Control Act is a misdemeanor,
unless another penalty or punishment is specified.
This bill would additionally include a distilled spirits
wholesaler in the provision prohibiting a licensed retailer from
being obligated to purchase or sell the alcoholic beverages of the
licensee conducting the market research.
Because the violation of this provision would be punishable as a
misdemeanor, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65961 of the
Government Code is amended to read:
65961. Notwithstanding any other provision of law, except as
provided in subdivisions (e) and (f), upon approval or conditional
approval of a tentative map for a subdivision of single- or
multiple-family residential units, or upon recordation of a parcel
map for such a subdivision for which no tentative map was required,
during the five-year period following recordation of the final map or
parcel map for the subdivision, a city, county, or city and county
shall not require as a condition to the issuance of any building
permit or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of any
conditions that the city or county could have lawfully imposed as a
condition to the previously approved tentative or parcel map. Nor
shall a city, county, or city and county withhold or refuse to issue
a building permit or equivalent permit for failure to conform with or
perform any conditions that the city, county, or city and county
could have lawfully imposed as a condition to the previously approved
tentative or parcel map. However, the provisions of this section
shall not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the issuance of a
building permit or equivalent permit which could have been lawfully
imposed as a condition to the approval of a tentative or parcel map
if the local agency finds it necessary to impose the condition or
requirement for any of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a condition
perilous to their health or safety, or both.
(2) The condition is required in order to comply with state or
federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do so
in order to comply with state or federal law.
(c) Assuring compliance with the applicable zoning ordinance.
(d) This section shall also apply to a city or city and county
which incorporates on or after January 1, 1985, and which includes
within its boundaries any areas included in the tentative or parcel
map described in this section.
When the incorporation includes areas included in the tentative or
parcel map described in this section, "a condition that the city
could have lawfully imposed as a condition to the previously approved
tentative or parcel map," as used in this section, refers to
conditions the county could have imposed had there been no
incorporation.
(e) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, 66452.23, or
66452.24, or 66452.25, the five-year period
described in this section shall be three years.
(f) For purposes only of a tentative subdivision map or parcel map
that is extended pursuant to Section 66452.22, 66452.23, or
66452.24, or 66452.25, this section does not
prohibit a city, county, or city and county from levying a fee or
imposing a condition that requires the payment of a fee in the amount
in effect upon the issuance of a building permit, including an
adopted fee that is not included within an applicable zoning
ordinance, upon the issuance of a building permit, including, but not
limited to, a fee defined in Section 66000.
SEC. 2. Section 66452.25 is added to the
Government Code , to read:
66452.25. (a) If the map was approved within a county described
in subdivision (c), the expiration date of a tentative map, vesting
tentative map, or parcel map for which a tentative map or vesting
tentative map, as the case may be, that was approved on or after
January 1, 2000, and that has not expired on or before the effective
date of the act that added this section, shall be extended by 24
months.
(b) If the map was approved or conditionally approved within a
county described in subdivision (c), upon application of the
subdivider filed at least 90 days prior to the expiration of the
approved or conditionally approved tentative map or vesting tentative
map, or parcel map for which the tentative map or vesting tentative
map, as the case may be, that was approved on or before December 31,
1999, the time at which the map expires shall be extended by the
legislative body or by an advisory agency authorized to approve or
conditionally approve tentative maps, for a period of 24 months upon
a determination that the map is consistent with the applicable zoning
and general plan requirements in effect when the application is
filed. If the map is determined not to be consistent with applicable
zoning and general plan requirements in effect when the application
is filed, the legislative body or advisory agency may deny or
conditionally approve an extension for a period of 24 months. Prior
to the expiration of an approved or conditionally approved tentative
map, upon an application by the subdivider to extend that map, the
map shall automatically be extended for 60 days or until the
application for the extension is approved, conditionally approved, or
denied, whichever occurs last. If the advisory agency denies a
subdivider's application for an extension, the subdivider may appeal
to the legislative body within 15 days after the advisory agency has
denied the extension.
(c) This section shall apply within a county when the following
conditions within the county are met:
(1) The annual mean household income within the county is less
than 80 percent of the statewide annual mean income, as determined by
the most recent annual report of the federal American Community
Survey 5-year Estimates, based upon the American Community Survey
Design and Methodology publication (Version 2.0, January 2014)
published by the United States Census Bureau.
(2) The annual nonseasonal unemployment rate is at least 3 percent
higher than the statewide annual nonseasonal unemployment rate, as
defined by the report on Labor Market Review published by the
Employment Development Department in January of the year in which the
community revitalization plan is prepared.
(3) The population for whom poverty status is determined is at
least 4 percent higher than the statewide median poverty rate, as
determined by the most recent annual report of the American Community
Survey 5-year Estimates, based upon the American Community Survey
Design and Methodology publication (Version 2.0, January 2014).
(d) The extension provided by subdivisions (a) and (b) shall be in
addition to any extension of the expiration date provided for in
Section 66452.6, 66452.11, 66452.13, 66452.21, 66452.22, 66452.23,
66452.24, or 66463.5.
(e) Any legislative, administrative, or other approval by any
state agency that pertains to a development project included in a map
that is extended pursuant to subdivisions (a) and (b) shall be
extended by 24 months if this approval has not expired on or before
the effective date of the act that added this section. This extension
shall be in addition to any extension provided for in Sections
66452.13, 66452.21, 66452.22, 66452.23, and 66452.24.
(f) The provisions of Section 65961 relating to conditions that
may be imposed upon or after a building permit for a subdivision of
single- or multiple-family residential units or a parcel map for a
subdivision for which no tentative map was required, are modified as
set forth in subdivisions (e) and (f) of Section 65961 for tentative
maps extended pursuant to this section.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SEC. 4. 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 permit cities, counties, and cities and counties to
preserve development applications that are set to expire and that
cannot be processed presently due to prevailing adverse economic
conditions in the construction industry, it is necessary that this
act take effect immediately.
SECTION 1. Section 25503.24 of the Business and
Professions Code is amended to read:
25503.24. (a) Notwithstanding any other provision of this
chapter, any manufacturer, winegrower, rectifier, distiller,
distilled spirits wholesaler, or any officer, director, agent, or
representative of any of those entities, may conduct market research
and, in connection with that research, the entity conducting the
market research may purchase from licensed off-sale retailers data
regarding purchases and sales of alcoholic beverage products at the
customary rates that those retailers sell similar data for
nonalcoholic beverage products subject to the following limitations:
(1) No licensed retailer shall be obligated to purchase or sell
the alcoholic beverage products of that manufacturer, winegrower,
rectifier, distiller, or distilled spirits wholesaler.
(2) No retail premises shall participate in more than one research
project conducted by any single manufacturer, winegrower, rectifier,
distiller, or distilled spirits wholesaler during a calendar year. A
research project may involve multiple onsite surveys.
(3) Nothing in this section shall allow a licensed retailer to
require a manufacturer, winegrower, rectifier, distiller, or
distilled spirits wholesaler to conduct any market research as a
condition for selling alcoholic beverage products to that licensed
retailer.
(b) Any holder of a beer manufacturer's license or winegrower's
license who, through coercion or other illegal means, induces,
directly or indirectly, a holder of a beer or wine wholesaler's
license to fulfill obligations entered into pursuant to subdivision
(a) shall be guilty of a misdemeanor and shall be punished by
imprisonment in the county jail not exceeding six months, or by a
fine in an amount equal to the entire value of the market research or
time involved in the project, whichever is greater, plus ten
thousand dollars ($10,000), or by both imprisonment and fine. The
person shall also be subject to license revocation pursuant to
Section 24200.
(c) Any retail licensee who, directly or indirectly, solicits or
coerces a holder of a beer or wine wholesaler's license to solicit a
beer manufacturer, or holder of a winegrower's license to fulfill
obligations entered into pursuant to subdivision (a) shall be guilty
of a misdemeanor and shall be punished by imprisonment in the county
jail not exceeding six months, or by a fine in an amount equal to the
entire value of the market research or time involved in the project,
whichever is greater, plus ten thousand dollars ($10,000), or by
both imprisonment and fine. The person shall also be subject to
license revocation pursuant to Section 24200.
(d) For the purposes of this section, "beer manufacturer" includes
any holder of a beer manufacturer's license, any holder of an
out-of-state beer manufacturer's certificate, or any holder of a beer
and wine importer's general license.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.