Bill Text: CA AB2260 | 2013-2014 | Regular Session | Amended

California Assembly Bill 2260 (Prior Session Legislation)

Bill Title: Law enforcement: officers: motor vehicle sales: prohibitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2260 Detail]

Download: California-2013-AB2260-Amended.html

BILL NUMBER: AB 2260	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

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:  no
  yes  . State-mandated local program:  no
  yes  .


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.