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AB-2260 Law enforcement: officers: motor vehicle sales: prohibitions.(2013-2014)

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AB2260:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2260


Introduced by Assembly Member Alejo

February 21, 2014


An act to amend Section 23321.7 of the Business and Professions Code, relating to alcoholic beverages. add Section 1090.3 to the Government Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2260, as amended, Alejo. Licensees: on-sale general bona fide public eating place intermittent dockside license. Law enforcement: officers: motor vehicle sales: prohibitions.
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.
This 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.
The 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.
This bill would provide that no reimbursement is required by this act for a specified reason.

Under 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.

This bill would make technical, nonsubstantive changes to this provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1090.3 is added to the Government Code, to read:

1090.3.
 A state, county, or city law enforcement officer shall not purchase or otherwise obtain a motor vehicle, nor accept 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.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 23321.7 of the Business and Professions Code is amended to read:
23321.7.

An on-sale general bona fide public eating place intermittent dockside license for vessels of more than 7,000 tons displacement may be issued for any vessel of more than 7,000 tons displacement with cabin berth capacity for at least 75 passengers. Each license issuable under this section shall be used only in the county where issued, but a vessel qualified under this section may be issued such a license in more than one county. Notwithstanding the provisions of Section 23397, the licensee under each license shall be authorized to sell alcoholic beverages to the general public aboard the vessel respecting which the license is issued when the vessel is securely lashed on berth in the county for which the license is issued, provided that these sales are incidental to the passenger operations of the vessel and the beverages are purchased from persons licensed to sell alcoholic beverages for resale in this state. In no event shall the rights under a license issued under this section be exercised in any county during more than 100 calendar days in any calendar year. Notwithstanding the provisions of Article 2 (commencing with Section 23815) of Chapter 5, there shall be no limitation, other than provided in this section, on the number of licenses that may be issued under this section to applicants who meet its requirements. Except as otherwise specifically provided in this section, all provisions of this division shall apply to any license issued under this section in the same manner as those provisions apply to an on-sale general license issued for a bona fide public eating place, provided that no caterer’s permit may be issued pursuant to Section 23399 with respect to any license issued hereunder, and provided further that any duplicate license issued pursuant to Section 24042 respecting that vessel shall bear the same fee specified by Section 23320.