BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 415
                                                                  Page  1

          Date of Hearing:   August 19, 2008

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                SB 415 (Oropeza) - As Introduced:  February 26, 2009 

          Policy Committee:                              Governmental  
          Organization Vote:                            10 - 8 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows the Department of Alcoholic Beverage Control  
          (ABC) to extend the waiting period for a liquor license by an  
          additional 10 days (from 20 to 30 days) if they receive a  
          written request by an entity or official who received the  
          notification of the license application under current law  
          (sheriff, chief of police, district attorney, city or county  
          planning director, whoever has jurisdiction, the board of  
          supervisors, if within an unincorporated area, and to the city  
          council or other governing body of the city).

           FISCAL EFFECT  

          There are no significant costs associated with this legislation.  


           COMMENTS  

           1)Rationale  . According to the author, questions have been raised  
            as to why only law enforcement can request an extension and  
            not any of the notified local government agencies. SB 450  
            would expand which authorities are eligible to request a  
            20-day extension to review a license application.  This bill  
            will allow any of the local government agencies listed in the  
            notification requirement to make a request and not simply a  
            law enforcement agency.

            Additionally, the author contends that the current 20-day  
            extension does not provide adequate time for local governments  
            who may only meet once a month to properly address possible  
            concerns with a license.  Consequently, SB 415 provides an  








                                                                  SB 415
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            additional 10 days of review to better accommodate local  
            government meeting schedules.

           2)Background  . Under current law, the Department of Alcoholic  
            Beverage Control (ABC) is required 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. Current law  
            prohibits ABC from issuing or transferring a license until at  
            least 30 days after these notices are provided.  Existing law  
            also allows 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.

          3)Opposition  . In opposition to the bill, the Family Winemakers  
            of California and the California Grocers Association argues  
            that SB 415 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 measure would result in  
            an inappropriate expansion of local authority over retail  
            licensing.

           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081