BILL NUMBER: AB 2296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Members Leno and Aghazarian

                        FEBRUARY 19, 2004

   An act to repeal and add Section 24015 of the Business and
Professions Code, relating to alcoholic beverage control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2296, as amended, Leno.  Alcoholic beverages:  issuance of
liquor licenses:  protests.
   Existing law provides that protests against the issuance of a
liquor license may be filed with the Department of Alcoholic Beverage
Control. Existing law permits the department to reject protests,
except protests made by a public agency, public official, or
governing body of a city or county, it determines to be false,
vexatious, or without reasonable or probable cause. Existing law also
permits a protestant whose protest has been rejected to file an
accusation with the department, in which case the department is
required to hold a hearing, as specified.
   Existing law requires, in the case of a protest of the issuance of
a liquor license, that a hearing be held not more than 60 days after
the receipt of the protest by the State Office of Administrative
Hearings.
   This bill would repeal this hearing requirement and instead would
establish procedures to be followed in cases in which the department
recommends that a license be issued, notwithstanding that one or more
protests have been accepted by the department.  Under these
procedures, the department would be required to notify the applicant
and any party whose protest has been accepted in writing of 
the recommendation   its determination  .  The bill
would provide for a hearing upon the request of any of these
protesting parties who have filed a timely verified protest,
authorize the department to accept a late request  for a hearing
 , limit the issues that may be determined at the hearing,
provide that the protests of any person who did not request a hearing
under these provisions shall be deemed withdrawn, and authorize the
department to issue the license without any further proceedings if no
request for hearing is filed with the department.
   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 24015 of the Business and Professions Code is
repealed.
  SEC. 2.  Section 24015 is added to the Business and Professions
Code, to read:
   24015.  (a) If, after investigation, the department recommends
that a license be issued, with or without conditions, notwithstanding
that one or more protests have been accepted by the department, the
department shall notify the applicant and all protesting parties
whose protests have been accepted in writing of its determination.
   (b) Any person who has filed a timely verified protest that has
been accepted pursuant to this article may request that the
department conduct a hearing on the issue or issues raised in the
protest.  The request shall be in writing and shall be filed with the
department within 15  calendar   business 
days of the date the department notifies the protesting party of its
determination as required under subdivision (a).
   (c) At any time prior to the issuance of the license, the
department may, in its discretion, accept a late request for a
hearing upon a showing of good cause.  Any determination of the
department pursuant to this subdivision shall not be an issue at the
hearing nor grounds for appeal or review.
   (d) If a request for a hearing is filed with the department
pursuant to subdivision (b), the department shall schedule a hearing
on the protest.  The issues to be determined at the hearing shall be
limited to those issues raised in the protest or protests of the
person or persons requesting the hearing.
   (e) Notwithstanding that a hearing is held pursuant to subdivision
(d), the protest or protests of any person or persons who did not
request a hearing as authorized in this section shall be deemed
withdrawn.
   (f) If no request for a hearing is filed with the department
pursuant to this section, any protest or protests shall be deemed
withdrawn and the department may issue the license without any
further proceeding.