SEC. 1. Notwithstanding the provisions of Section 6 of Article XI,
the County of Sacramento and all or any of the cities within the
County of Sacramento may be consolidated as a charter city and county
as provided by statute, with the approval of a majority of the
electors of the county voting on the question of such consolidation
and upon such other vote as the Legislature may prescribe in such
statute. The charter City and County of Sacramento shall be a
charter city and a charter county. Its charter city powers supersede
conflicting charter county powers.
SEC. 1.5. The Legislature shall protect, by law, from forced sale a
certain portion of the homestead and other property of all heads of
families.
SEC. 2. Except for tax exemptions provided in Article XIII, the
rights, powers, privileges, and confirmations conferred by Sections
10 and 15 of Article IX in effect on January 1, 1973, relating to
Stanford University and the Huntington Library and Art Gallery, are
continued in effect.
SEC. 3. Members of the Legislature, and all public officers and
employees, executive, legislative, and judicial, except such inferior
officers and employees as may be by law exempted, shall, before they
enter upon the duties of their respective offices, take and
subscribe the following oath or affirmation:
"I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
to enter.
"And I do further swear (or affirm) that I do not advocate,
nor
am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means; that within the five years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any party or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of California by force or violence
or other unlawful means except as follows:
________________________________________________________________
(If no affiliations, write in the words "No Exceptions")
and that during such time as I hold the office of ______________
________________________________ I will not advocate nor become
(name of office)
a member of any party or organization, political or otherwise,
that advocates the overthrow of the Government of the United
States or of the State of California by force or violence or
other unlawful means."
And no other oath, declaration, or test, shall be required as a
qualification for any public office or employment.
"Public officer and employee" includes every officer and employee
of the State, including the University of California, every county,
city, city and county, district, and authority, including any
department, division, bureau, board, commission, agency, or
instrumentality of any of the foregoing.
SEC. 4. The Legislature shall not pass any laws permitting the
leasing or alienation of any franchise, so as to relieve the
franchise or property held thereunder from the liabilities of the
lessor or grantor, lessee, or grantee, contracted or incurred in the
operation, use, or enjoyment of such franchise, or any of its
privileges.
SEC. 5. All laws now in force in this State concerning corporations
and all laws that may be hereafter passed pursuant to this section
may be altered from time to time or repealed.
SEC. 6. Any legislator whose term of office is reduced by operation
of the amendment to subdivision (a) of Section 2 of Article IV
adopted by the people in 1972 shall, notwithstanding any other
provision of this Constitution, be entitled to retirement benefits
and compensation as if the term of office had not been so reduced.
SEC. 7. The limitations on the number of terms prescribed by
Section 2 of Article IV, Sections 2 and 11 of Article V, Section 2 of
Article IX, and Section 17 of Article XIII apply only to terms to
which persons are elected or appointed on or after November 6, 1990,
except that an incumbent Senator whose office is not on the ballot
for the general election on that date may serve only one additional
term. Those limitations shall not apply to any unexpired term to
which a person is elected or appointed if the remainder of the term
is less than half of the full term.
SEC. 22. The State of California, subject to the internal revenue
laws of the United States, shall have the exclusive right and power
to license and regulate the manufacture, sale, purchase, possession
and transportation of alcoholic beverages within the State, and
subject to the laws of the United States regulating commerce between
foreign nations and among the states shall have the exclusive right
and power to regulate the importation into and exportation from the
State, of alcoholic beverages. In the exercise of these rights and
powers, the Legislature shall not constitute the State or any agency
thereof a manufacturer or seller of alcoholic beverages.
All alcoholic beverages may be bought, sold, served, consumed and
otherwise disposed of in premises which shall be licensed as provided
by the Legislature. In providing for the licensing of premises, the
Legislature may provide for the issuance of, among other licenses,
licenses for the following types of premises where the alcoholic
beverages specified in the licenses may be sold and served for
consumption upon the premises:
(a) For bona fide public eating places, as defined by the
Legislature.
(b) For public premises in which food shall not be sold or served
as in a bona fide public eating place, but upon which premises the
Legislature may permit the sale or service of food products
incidental to the sale and service of alcoholic beverages. No person
under the age of 21 years shall be permitted to enter and remain in
any such premises without lawful business therein.
(c) For public premises for the sale and service of beers alone.
(d) Under such conditions as the Legislature may impose, for
railroad dining or club cars, passenger ships, common carriers by
air, and bona fide clubs after such clubs have been lawfully operated
for not less than one year.
The sale, furnishing, giving, or causing to be sold, furnished, or
giving away of any alcoholic beverage to any person under the age of
21 years is hereby prohibited, and no person shall sell, furnish,
give, or cause to be sold, furnished, or given away any alcoholic
beverage to any person under the age of 21 years, and no person under
the age of 21 years shall purchase any alcoholic beverage.
The Director of Alcoholic Beverage Control shall be the head of
the Department of Alcoholic Beverage Control, shall be appointed by
the Governor subject to confirmation by a majority vote of all of the
members elected to the Senate, and shall serve at the pleasure of
the Governor. The director may be removed from office by the
Governor, and the Legislature shall have the power, by a majority
vote of all members elected to each house, to remove the director
from office for dereliction of duty or corruption or incompetency.
The director may appoint three persons who shall be exempt from civil
service, in addition to the person he is authorized to appoint by
Section 4 of Article XXIV.
The Department of Alcoholic Beverage Control shall have the
exclusive power, except as herein provided and in accordance with
laws enacted by the Legislature, to license the manufacture,
importation and sale of alcoholic beverages in this State, and to
collect license fees or occupation taxes on account thereof. The
department shall have the power, in its discretion, to deny, suspend
or revoke any specific alcoholic beverages license if it shall
determine for good cause that the granting or continuance of such
license would be contrary to public welfare or morals, or that a
person seeking or holding a license has violated any law prohibiting
conduct involving moral turpitude. It shall be unlawful for any
person other than a licensee of said department to manufacture,
import or sell alcoholic beverages in this State.
The Alcoholic Beverage Control Appeals Board shall consist of
three members appointed by the Governor, subject to confirmation by a
majority vote of all of the members elected to the Senate. Each
member, at the time of his initial appointment, shall be a resident
of a different county from the one in which either of the other
members resides. The members of the board may be removed from office
by the Governor, and the Legislature shall have the power, by a
majority vote of all members elected to each house, to remove any
member from office for dereliction of duty or corruption or
incompetency.
When any person aggrieved thereby appeals from a decision of the
department ordering any penalty assessment, issuing, denying,
transferring, suspending or revoking any license for the manufacture,
importation, or sale of alcoholic beverages, the board shall review
the decision subject to such limitations as may be imposed by the
Legislature. In such cases, the board shall not receive evidence in
addition to that considered by the department. Review by the board
of a decision of the department shall be limited to the questions
whether the department has proceeded without or in excess of its
jurisdiction, whether the department has proceeded in the manner
required by law, whether the decision is supported by the findings,
and whether the findings are supported by substantial evidence in the
light of the whole record. In appeals where the board finds that
there is relevant evidence which, in the exercise of reasonable
diligence, could not have been produced or which was improperly
excluded at the hearing before the department it may enter an order
remanding the matter to the department for reconsideration in the
light of such evidence. In all other appeals the board shall enter
an order either affirming or reversing the decision of the
department. When the order reverses the decision of the department,
the board may direct the reconsideration of the matter in the light
of its order and may direct the department to take such further
action as is specially enjoined upon it by law, but the order shall
not limit or control in any way the discretion vested by law in the
department. Orders of the board shall be subject to judicial review
upon petition of the director or any party aggrieved by such order.
A concurrent resolution for the removal of either the director or
any member of the board may be introduced in the Legislature only if
five Members of the Senate, or 10 Members of the Assembly, join as
authors.
Until the Legislature shall otherwise provide, the privilege of
keeping, buying, selling, serving, and otherwise disposing of
alcoholic beverages in bona fide hotels, restaurants, cafes,
cafeterias, railroad dining or club cars, passenger ships, and other
public eating places, and in bona fide clubs after such clubs have
been lawfully operated for not less than one year, and the privilege
of keeping, buying, selling, serving, and otherwise disposing of
beers on any premises open to the general public shall be licensed
and regulated under the applicable provisions of the Alcoholic
Beverage Control Act, insofar as the same are not inconsistent with
the provisions hereof, and excepting that the license fee to be
charged bona fide hotels, restaurants, cafes, cafeterias, railroad
dining or club cars, passenger ships, and other public eating places,
and any bona fide clubs after such clubs have been lawfully operated
for not less than one year, for the privilege of keeping, buying,
selling, or otherwise disposing of alcoholic beverages, shall be the
amounts prescribed as of the operative date hereof, subject to the
power of the Legislature to change such fees.
The State Board of Equalization shall assess and collect such
excise taxes as are or may be imposed by the Legislature on account
of the manufacture, importation and sale of alcoholic beverages in
this State.
The Legislature may authorize, subject to reasonable restrictions,
the sale in retail stores of alcoholic beverages contained in the
original packages, where such alcoholic beverages are not to be
consumed on the premises where sold; and may provide for the issuance
of all types of licenses necessary to carry on the activities
referred to in the first paragraph of this section, including, but
not limited to, licenses necessary for the manufacture, production,
processing, importation, exportation, transportation, wholesaling,
distribution, and sale of any and all kinds of alcoholic beverages.
The Legislature shall provide for apportioning the amounts
collected for license fees or occupation taxes under the provisions
hereof between the State and the cities, counties and cities and
counties of the State, in such manner as the Legislature may deem
proper.
All constitutional provisions and laws inconsistent with the
provisions hereof are hereby repealed.
The provisions of this section shall be self-executing, but
nothing herein shall prohibit the Legislature from enacting laws
implementing and not inconsistent with such provisions.
This amendment shall become operative on January 1, 1957.
SEC. 23. Notwithstanding any other provision of this Constitution,
the Speaker of the Assembly shall be an ex officio member, having
equal rights and duties with the nonlegislative members, of any state
agency created by the Legislature in the field of public higher
education which is charged with the management, administration, and
control of the State College System of California.
Last modified: January 4, 2019