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AB-2577 Alcoholic beverages: retail licenses: undue concentration.(2001-2002)



Current Version: 04/17/02 - Amended Assembly

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AB2577:v98#DOCUMENT

Amended  IN  Assembly  April 17, 2002

CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 2577

Introduced  by  Assembly Member Cox

February 21, 2002

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


LEGISLATIVE COUNSEL'S DIGEST


AB 2577, as amended, Cox. Alcoholic beverages: retail licenses: undue concentration.
The Alcoholic Beverage Control Act requires the Department of Alcoholic Beverage Control to deny an application for a license if issuance would result in or add to an undue concentration of licenses. Existing law defines undue concentration and provides that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, certain licenses may be issued if the local governing body, or its designated subordinate officer or body, of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance.
This bill will would authorize the local governing body to, in its discretion, determine that the public convenience and necessity will be served by the issuance of a license only if the license is made subject to conditions outlined by the local governing body, and in that case, no would require the department to review the conditions and determine whether the license shall should be issued unless made subject to those conditions in addition to any other conditions imposed by that the department deems appropriate.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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. The local governing body may, in its discretion, determine that the public convenience and necessity will be served by the issuance of a license only if the license is made subject to conditions outlined by the local governing body. In that case, no license shall be issued unless made subject to those conditions in addition to any other conditions imposed by the department. case, the department shall review those conditions and shall determine whether a license should be issued subject to those conditions, or subject to any other conditions, that the department deems to be appropriate.
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 by the department in its Procedure Manual.
(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.