Store Research
ASSEMBLY BILL 2841 (HOGE – 1996)
CHAPTER 869, STATUTES OF 1996, AB 2841
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Business and Professions Code sections 23817.7 and 23958.4 were amended in 1996 following legislative passage of Assembly Bill 2841, which affected these two sections only. (See Exhibit #1f) This bill was introduced on February 22, 1996 by Assembly member Bill Hoge, serving as chair of the Assembly Committee on Governmental Organization at this time. (See Exhibits #1a and #3, page 1) He carried this bill for the California Retailers Association. (See Exhibit #10, page 1)
Assembly Bill 2841 was assigned to the Assembly Committee on Governmental Organization and both the Senate Committee on Governmental Organization and Committee on Criminal Procedure where policy issues raised by the bill were considered. (See Exhibits #3 and #7) The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations. (See Exhibit #2) Four amendments were made to Assembly Bill 2841. (See Exhibits #1b through #1e and #2) Subsequent to legislative approval, Governor Pete Wilson signed the bill on September 24, 1996 and it was recorded by the Secretary of State on September 25th as Chapter 869 of the Statutes of 1996. (See Exhibit #1f)
The Third Reading analysis of Assembly Bill 2841 as last amended that was produced by the Office of Senate Floor Analyses described this measure as follows:
DIGEST: This bill requires that if a local governing
body, or its designated subordinate officer or body does
not make a specified determination within 90 days, the
Department of Alcoholic Beverage Control (ABC) would be
permitted to issue a license if the applicant shows ABC
that public convenience or necessity would be served by the
issuance of a license. In making its determination, ABC
will not attribute any weight to the failure of the local
governing body to make a determination regarding public
convenience or necessity within the 90-day period.
The bill also allows a governing body to designate a
subordinate officer or body to determine that public
convenience or necessity would be served by the issuance
of a license under this act.
(See Exhibit #10, page 2)