BILL NUMBER: SB 415	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 26, 2009

   An act to amend Section 23987 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as introduced, Oropeza. Alcoholic beverages: licenses:
local government review.
   Existing law requires the Department of Alcoholic Beverage Control
to notify the appropriate sheriff, chief of police, district
attorney, city or county planning agency, and legislative body of an
application for the issuance or transfer of a liquor license, and
prohibits the Department of Alcoholic Beverage Control from issuing
or transferring a license until at least 30 days after these notices
are provided. Existing law authorizes the department to extend that
30-day period for a period not to exceed an additional 20 days if a
proper written request is made by any local law enforcement agency.
   This bill would authorize the department to extend the 30-day
period for a period not to exceed an additional 30 days if a proper
written request is made by any entity or official receiving the
required notification.
   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 23987 of the Business and Professions Code is
amended to read:
   23987.   (a)    Upon the receipt by the
department of an original application for any license or an
application for transfer of any license, written notice thereof,
consisting of a copy of the application, shall immediately be mailed
by the department to the sheriff, chief of police, and district
attorney of the locality in which the premises are situated, to the
city or county planning director, whoever has jurisdiction, the board
of supervisors of the county in which the premises are situated, if
within an unincorporated area, and to the city council or other
governing body of the city in which the premises are situated, if
within an incorporated area. 
   Except 
    (b)     Except  as specified in
paragraph (2) of subdivision (e) of Section 23800, no license shall
be issued or transferred by the department until at least 30 days
after the mailing by the department of the notices required by this
section. The department may extend the 30-day period specified in the
preceding sentence for a period not to exceed an additional 
20   30  days  , upon the  
if any entity or official notified pursuant to subdivision (a) makes
a  written request  of any local law enforcement agency
 that states proper grounds for extension. Proper grounds
for extension are limited to the requesting agency or official being
in the process of preparing either a protest or proposed conditions
with respect to the issuance or transfer of a license.