BILL NUMBER: SB 1531	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2012

INTRODUCED BY   Senator Wolk

                        FEBRUARY 24, 2012

   An act to amend Section  23009   23958.4
 of the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1531, as amended, Wolk. Alcoholic beverages: licensees. 
   The Alcoholic Beverage Control Act specifies the rules and
procedures for the issuance and transfer of alcoholic beverage
licenses by the Department of Alcoholic Beverage Control. The act
requires the department to deny an application for a license if
issuance or transfer of the license would result in or add to an
undue concentration where, among other things, the ratio of on-sale
or off-sale retail licenses to population in a specified area exceeds
the ratio of on-sale or off-sale retail licenses to population
within that area's county. Existing law specifies how the number
retail licenses within a county is determined for purposes of this
prohibition.  
   This bill would revise the manner in which the number of retail
licenses in a county is established. 
   The Alcoholic Beverage Control Act contains various provisions
regulating the application for, the issuance of, the suspension of,
and the conditions imposed upon, alcoholic beverage licenses by the
Department of Alcoholic Beverage Control. Existing law defines
"licensee" to mean any person holding a license, permit,
certification, or any other authorization issued by the department.
 
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 23958.4 of the  
Business and Professions Code   is amended to read: 
   23958.4.  (a) For purposes of Section 23958, "undue concentration"
means the case in which the applicant premises for an original or
premises-to-premises transfer of any retail license are located in an
area where any of the following conditions exist:
   (1) The applicant premises are located in a crime reporting
district that has a 20 percent greater number of reported crimes, as
defined in subdivision (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
   (2) As to on-sale retail license applications, the ratio of
on-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of on-sale retail licenses to population in the county in which
the applicant premises are located.
   (3) As to off-sale retail license applications, the ratio of
off-sale retail licenses to population in the census tract or census
division in which the applicant premises are located exceeds the
ratio of off-sale retail licenses to population in the county in
which the applicant premises are located.
   (b) Notwithstanding Section 23958, the department may issue a
license as follows:
   (1) With respect to a nonretail license, a retail on-sale bona
fide eating place license, a retail license issued for a hotel,
motel, or other lodging establishment, as defined in subdivision (b)
of Section 25503.16, a retail license issued in conjunction with a
beer manufacturer's license, or a winegrower's license, if the
applicant shows that public convenience or necessity would be served
by the issuance.
   (2) With respect to any other license, if the local governing body
of the area in which the applicant premises are located, or its
designated subordinate officer or body, determines within 90 days of
notification of a completed application that public convenience or
necessity would be served by the issuance. The 90-day period shall
commence upon receipt by the local governing body of (A) notification
by the department of an application for licensure, or (B) a
completed application according to local requirements, if any,
whichever is later.
   If the local governing body, or its designated subordinate officer
or body, does not make a determination within the 90-day period,
then the department may issue a license if the applicant shows the
department that public convenience or necessity would be served by
the issuance. In making its determination, the department shall not
attribute any weight to the failure of the local governing body, or
its designated subordinate officer or body, to make a determination
regarding public convenience or necessity within the 90-day period.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Reporting districts" means geographical areas within the
boundaries of a single governmental entity (city or the
unincorporated area of a county) that are identified by the local law
enforcement agency in the compilation and maintenance of statistical
information on reported crimes and arrests.
   (2) "Reported crimes" means the most recent yearly compilation by
the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traffic
citations.
   (3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or census
division.
   (4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Finance.
   (5) "Retail licenses" shall include the following:
   (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and
Type 21 (off-sale general).
   (B) On-sale retail licenses: All retail on-sale licenses, except
Type 43 (on-sale beer and wine for train), Type 44 (on-sale beer and
wine for fishing party boat), Type 45 (on-sale beer and wine for
boat), Type 46 (on-sale beer and wine for airplane), Type 53 (on-sale
general for train and sleeping car), Type 54 (on-sale general for
boat), Type 55 (on-sale general for airplane), Type 56 (on-sale
general for vessels of more than 1,000 tons burden), and Type 62
(on-sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement).
   (6) A "premises to premises transfer" refers to each license being
separate and distinct, and transferable upon approval of the
department.
   (d) For purposes of this section, the number of retail licenses in
the county shall be  determined by the most recent yearly
retail license count published   established  by
the department  in its Procedure Manual   on an
annual basis  .
   (e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29,
1992, whose premises were destroyed or rendered unusable as a result
of the civil disturbances occurring in Los Angeles from April 29 to
May 2, 1992, to reopen and operate those licensed premises.
   (f) This section shall not apply if the premises have been
licensed and operated with the same type license within 90 days of
the application. 
  SECTION 1.    Section 23009 of the Business and
Professions Code is amended to read:
   23009.  "Licensee" means any person holding a certification, a
license, a permit, or any other authorization issued by the
department.