BILL ANALYSIS
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THIRD READING
Bill No: SB 415
Author: Oropeza (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 7-4, 4/28/09
AYES: Wright, Calderon, Florez, Negrete McLeod, Oropeza,
Padilla, Yee
NOES: Harman, Benoit, Wiggins, Wyland
NO VOTE RECORDED: Denham, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Alcoholic beverages: licenses: local
government review
SOURCE : Author
DIGEST : This bill expands the eligibility list of local
government officials who may request an extension of time
to review the issuance of transfer of an alcoholic beverage
license and lengthens the existing extension period from 20
to 30 days.
ANALYSIS : Existing law establishes the Department of
Alcoholic Beverage Control (ABC) and grants it exclusive
authority to administer the provisions of the Alcoholic
Beverage Control Act in accordance with the laws enacted by
the Legislature. This involves licensing individuals and
businesses associated with the manufacture, importation and
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sale of alcoholic beverages in this state and the
collection of license fees or occupation taxes for this
purpose.
Existing law authorizes ABC to impose reasonable conditions
on the exercise of retail privileges under the Act. The
ABC may impose conditions on certain license transfers at
the request of a local governing body in whose jurisdiction
the license is located.
Existing law specifies the grounds that constitute a basis
for the suspension or revocation of an alcoholic beverage
license, including a licensee's failure, within a
reasonable time, after specified notice from a district
attorney, city attorney, county counsel, or the ABC to take
reasonable steps to correct conditions on the licensed
premises, as specified.
Existing law requires the ABC 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 ABC from issuing or transferring a license until at
least 30 days after these notices are provided. Existing
law authorizes the ABC to extend that 30-day period for a
period not to exceed 20 days if a proper written request is
made by any local law enforcement agency.
This bill authorizes the ABC 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/12/09)
California Council on Alcohol Policy
Cities of Antioch, Costa Mesa, Hermosa Beach, Long Beach
and Rancho Cordova
League of California Cities
The West County Alcohol Policy Working Group
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OPPOSITION : (Verified 5/12/09)
California Grocers Association
Family Winemakers of California
ARGUMENTS IN SUPPORT : According to the author's office,
this bill continues the effort to expand local government
involvement in the ABC license process. Specifically, this
bill seeks to clarify that local government agencies can
request a 20-day extension for the review of a license; not
just a law enforcement agency as specified under current
law. Additionally, the author's office indicates that the
current 20-day extension period does not provide adequate
time for local governments which may only meet once a month
to properly address possible concerns with a license.
Thus, this bill asks for an additional 10 days of review to
better accommodate local government meeting schedules.
Proponents state that they are supportive of methods that
permit additional involvement by local entities in the
application review process. Proponents believe that this
bill will enable communities to review and manage any
pertinent public safety and economic issues related to the
sale of alcoholic beverages.
ARGUMENTS IN OPPOSITION : Opponents argue that this bill
is unnecessary because existing law provides a sufficient
30-day initial review and comment period, plus an optional
20-day extension allowance. Thus, under current law, local
law enforcement agencies have up to 50 days to review and
comment upon a license application. Additionally,
opponents believe that expanding the range of entities that
can formally request an extension for review could lead to
overzealous individuals unnecessarily delaying the start-up
of a new business venture. Opponents emphasize that
jurisdiction over alcoholic beverage licensing has always
been held by the state and not local government - this bill
would result in an inappropriate expansion of local
authority over retail licensing.
TSM:cm 5/12/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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