BILL ANALYSIS                                                                                                                                                                                                    






                                             Bill No:  AB  
1042

       SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
               Senator Ralph C. Dills, Chair
                  1995-96 Regular Session
                       Staff Analysis



AB 1042  Author:  Alpert
As Amended:  June 26, 1996
Hearing Date:  July 2, 1996
Consultant:  Steve Hardy


                           SUBJECT
             Alcoholic Beverage License Denial

                         DESCRIPTION

1.  AB 1042 would codify an existing Department of  
  Alcoholic Beverage Control (ABC) regulation that allows  
  ABC to deny issuance of a license for any premises for  
  which an application for a license has been denied or  
  revoked for specified reasons pertaining to the premises  
  unless one year has elapsed from the date the order  
  becomes final.  

2.  Prohibits a license from being issued for any premises  
  for which a license has been denied two times within a  
  36-month period, unless two years have elapsed from the  
  date the last order becomes final.

                          BACKGROUND

Current law provides that the ABC may deny an application  
for a license if issuance would create a law enforcement  
problem or result in or add to an undue concentration of  
licenses.  Additionally, existing law prohibits a license  
from being issued for any premises for which an application  
for a license has been denied, or revoked, for reasons  
pertaining to the premises, unless one year has elapsed  
from the date that order becomes final.






AB 1042 (Alpert) continued                             Page  
2













The author is carrying this measure on behalf of the Linda  
Vista Community Planning Committee.  According to the  
author, under existing law, it is possible for an entity to  
apply for a license year after year.  This causes those  
opposing the issuance of this license, such as community  
organizations and police departments to expend time and  
resources in opposing the issuance of the license.  In  
Linda Vista, a community in San Diego which has an  
excessive number of liquor licenses, citizens have spent  
over 575 hours and given up $11,570 in wages fighting these  
entities that continually reapply for licenses.

The sponsor and supporters believe that if enacted, this  
measure would prohibit a license from being issued for any  
premises for which a license has been denied or revoked two  
times within a 36 month period, unless two years have  
elapsed from the date that the last order becomes final.

In opposing this bill, the California Grocers Association  
points out that 
AB 1042 focuses on the premises rather than the operator.   
It is the irresponsible operator, not the premises, that  
causes a license to be revoked.  If the irresponsible  
operator manages to get his/her license revoked twice  
within a 36 month period, the premises would be ineligible  
for a license for two years, no matter who wished to  
operate at that location.

 SUPPORT:  Linda Vista Community planning Committee   
(Sponsor)
                      Peace Officers Research Association  
of California
                      Committee on Moral Concerns
                      City of San Diego
                      California Council on Alcohol  
Problems




AB 1042 (Alpert) continued                             Page  
3



                      City of Oakland

 OPPOSE:     California Grocers Association

 FISCAL COMMITTEE:  No



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SMH:bjw