BILL NUMBER: AB 1092	CHAPTERED  09/27/99

	CHAPTER   499
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 12, 1999
	AMENDED IN ASSEMBLY   APRIL 12, 1999

INTRODUCED BY   Assembly Members Lowenthal, Aroner, Calderon, Cox,
Havice, House, Jackson, Knox, and Longville
   (Coauthors:  Senators Karnette, O'Connell, and Perata)

                        FEBRUARY 25, 1999

   An act to amend Sections 23800 and 23805 of the Business and
Professions Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1092, Lowenthal.  Alcoholic beverages:  licenses.
   Under existing law, the Department of Alcoholic Beverage Control
is authorized to place reasonable restrictions upon retail licensees
or any licensee in the exercise of retail privileges in various
situations.
   This bill would also permit the department to place reasonable
restrictions on these licensees if the department adopts conditions
requested by a local governing body.


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


  SECTION 1.  Section 23800 of the Business and Professions Code is
amended to read:
   23800.  The department may place reasonable conditions upon retail
licensees or upon any licensee in the exercise of retail privileges
in the following situations:
   (a) If grounds exist for the denial of an application for a
license or where a protest against the issuance of a license is filed
and if the department finds that those grounds may be removed by the
imposition of those conditions.
   (b) Where findings are made by the department which would justify
a suspension or revocation of a license, and where the imposition of
a condition is reasonably related to those findings.  In the case of
a suspension, the conditions may be in lieu of or in addition to the
suspension.
   (c) Where the department issues an order suspending or revoking
only a portion of the privileges to be exercised under the license.
   (d) Where findings are made by the department that the licensee
has failed to correct objectionable conditions within a reasonable
time after receipt of notice to make corrections given pursuant to
subdivision (e) of Section 24200.
   (e) Upon notice to the licensee from the department adopting
conditions requested by the local governing body, or its designated
subordinate officer or agency, in whose jurisdiction the license is
located.  The request for conditions shall be supported by
substantial evidence that the problems either on the premises or in
the immediate vicinity identified by the local governing body or its
designated subordinate officer or agency will be mitigated by the
conditions.  Upon receipt of the request for conditions, the
department shall either adopt the conditions requested or notify the
local governing body, or its designated subordinate officer or
agency, in writing of its determination that there is not substantial
evidence that the problem exists or that the conditions would not
mitigate the problems identified.  The department may adopt
conditions requested pursuant to this paragraph only when the request
is filed within the time authorized for a local law enforcement
agency to file a protest or proposed conditions pursuant to Section
23987.
  SEC. 2.  Section 23805 of the Business and Professions Code is
amended to read:
   23805.  The proceedings specified in Section 23800(a), (b), (c),
(d), and (e) shall be conducted in the same manner as is required for
other proceedings involving petitions, protests or accusations, and
the right of a respondent in the proceedings to appeal shall include
the right to appeal from an order imposing conditions upon the
licenses involved in the proceedings.  If the department gives notice
of conditions pursuant to subdivision (e) of Section 23800 or denies
a petition filed under Section 23803, the licensee or transferee
may, within 10 days after the mailing of the denial, make a written
request for a hearing.  The proceedings at the hearing shall be
conducted as provided in Section 24300, and the respondent shall have
the same rights of appeal therefrom as in disciplinary actions.