AB 2260,
as amended, Alejo. begin deleteLicensees: on-sale general bona fide public eating place intermittent dockside license. end deletebegin insertLaw enforcement: officers: motor vehicle sales: prohibitions.end insert
Existing law prohibits a state, county, or city officer or employee, among others, from being a purchaser at any sale or a vendor at any purchase made by him or her in his or her official capacity. Existing law provides that willful violation of these provisions is a crime punishable by a fine of not more than $1,000, or by imprisonment in the state prison.
end insertbegin insertThis bill would also prohibit a state, county, or city law enforcement officer from purchasing or otherwise obtaining a motor vehicle, or accepting a gift or donation of a motor vehicle, from a vehicle towing, transportation, or impound company that does business with the state, county, or city agency that employs the officer. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertUnder the Alcoholic Beverage Control Act, the Department of Alcoholic Beverage Control may issue an on-sale general bona fide public eating place intermittent dockside license for specified vessels. Vessels holding a license pursuant to these provisions may only sell and serve alcoholic beverages in the county where issued and to the general public aboard the vessel when the vessel is securely lashed on berth in the county for which the license is issued, as provided.
end deleteThis bill would make technical, nonsubstantive changes to this provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 1090.3 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert
A state, county, or city law enforcement officer shall
4not purchase or otherwise obtain a motor vehicle, nor accept a
5gift or donation of a motor vehicle, from a vehicle towing,
6transportation, or impound company that does business with the
7state, county, or city agency that employs the officer.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.
Section 23321.7 of the Business and Professions
18Code is amended to read:
An on-sale general bona fide public eating place
20intermittent dockside license for vessels of more than 7,000 tons
21displacement may be issued for any vessel of more than 7,000 tons
22displacement with cabin berth capacity for at least 75 passengers.
P3 1Each license issuable under this section shall be used only in the
2county where issued, but a vessel qualified under this section may
3be issued such a license in more than one county. Notwithstanding
4the provisions of Section 23397, the licensee under each
license
5shall be authorized to sell alcoholic beverages to the general public
6aboard the vessel respecting which the license is issued when the
7vessel is securely lashed on berth in the county for which the
8license is issued, provided that these sales are incidental to the
9passenger operations of the vessel and the beverages are purchased
10from persons licensed to sell alcoholic beverages for resale in this
11state.
In no event shall the rights under
a license issued under this
12section be exercised in any county during more than 100 calendar
13days in any calendar year. Notwithstanding the provisions of
14Article 2 (commencing with Section 23815) of Chapter 5, there
15shall be no limitation, other than provided in this section, on the
16number of licenses that may be issued under this section to
17applicants who meet its requirements. Except as otherwise
18specifically provided in this section, all provisions of this division
19shall apply to any license issued under this section in the same
20manner as
those provisions apply to an on-sale general license
21issued for a bona fide public eating place, provided that no caterer’s
22permit may be issued pursuant to Section 23399 with respect to
23any license issued hereunder, and provided further that any
24duplicate license issued pursuant to Section 24042 respecting that
25vessel shall bear the same fee specified by Section 23320.
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