BILL NUMBER: AB 1598 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Price
FEBRUARY 23, 2007
An act to amend Section 471.5 of the Business and
Professions Code, relating to dispute resolution programs.
An act to amend Section 25608 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1598, as amended, Price. Dispute resolution programs:
reporting requirements. Alcoholic beverages: places of
consumption.
Existing law generally prohibits the sale or consumption of
alcoholic beverages at a public schoolhouse or any grounds thereof.
Existing law provides that this prohibition does not apply if the
alcoholic beverage is acquired, possessed, or used in connection with
a course of instruction given at the school and the person has been
authorized to acquire, possess, or use it by the governing body or
other administrative head of the school.
The bill would provide that the prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
schoolhouse does not apply if the alcoholic beverages is beer or wine
acquired, possessed, used, sold, or consumed only in connection with
a course of instruction, sponsored dinner, or meal demonstration
given as part of a culinary arts program at a campus of a University
of California, a California State University, or a California
Community College and the person has been authorized to acquire,
possess, use, sell, or consume the beer or wine by the governing body
or other administrative head of the school.
Existing law authorizes counties to contract for the operation of
dispute resolution programs and to establish a grant program for
public entities and nonpartisan nonprofit corporations to establish
and operate dispute resolution programs. Existing law requires that
specified information be reported annually to the county regarding
the dispute resolution program.
This bill would make nonsubstantive changes to this reporting
requirement.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25608 of the
Business and Professions Code is amended to read:
25608. (a) Every person who possesses, consumes, sells, gives, or
delivers to any other person, any alcoholic beverage in or on any
public schoolhouse or any of the grounds thereof, is guilty of a
misdemeanor. This section does not, however, make it unlawful for any
person to acquire, possess, or use any alcoholic beverage in or on
any public schoolhouse, or on any grounds thereof, if any of the
following applies:
(1) The alcoholic beverage possessed, consumed, or sold, pursuant
to a license obtained under this division, is wine that is produced
by a bonded winery owned or operated as part of an instructional
program in viticulture and enology.
(2) The alcoholic beverage is acquired, possessed, or used in
connection with a course of instruction given at the school and the
person has been authorized to acquire, possess, or use it by the
governing body or other administrative head of the school.
(3) The public schoolhouse is surplus school property and the
grounds thereof are leased to a lessee which is a general law city
with a population of less than 50,000, or the public schoolhouse is
surplus school property and the grounds thereof are located in an
unincorporated area and are leased to a lessee which is a civic
organization, and the property is to be used for community center
purposes and no public school education is to be conducted thereon by
either the lessor or the lessee and the property is not being used
by persons under the age of 21 years for recreational purposes at any
time during which alcoholic beverages are being sold or consumed on
the premises.
(4) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated veterans stadium
with a capacity of over 12,000 people, located in a county with a
population of over six million people. As used in this subdivision,
"events" mean football games sponsored by a college, other than a
public community college, or other events sponsored by noncollege
groups.
(5) The alcoholic beverages are acquired, possessed, or used
during an event not sponsored by any college at a performing arts
facility built on property owned by a community college district and
leased to a nonprofit organization which is a public benefit
corporation formed under Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code. As used in this
subdivision, "performing arts facility" means an auditorium with more
than 300 permanent seats.
(6) The alcoholic beverage is wine for sacramental or other
religious purposes and is used only during authorized religious
services held on or before January 1, 1995.
(7) The alcoholic beverages are acquired, possessed, or used
during an event at a community center owned by a community services
district and the event is not held at a time when students are
attending a public school-sponsored activity at the center.
(8) The alcoholic beverage is wine which is acquired, possessed,
or used during an event sponsored by a community college district or
an organization operated for the benefit of the community college
district where the college district maintains both an instructional
program in viticulture on no less than five acres of land owned by
the district and an instructional program in enology, which includes
sales and marketing.
(9) The alcoholic beverage is acquired, possessed, or used at a
professional minor league baseball game conducted at the stadium of a
community college located in a county with a population of less than
250,000 inhabitants, and the baseball game is conducted pursuant to
a contract between the community college district and a professional
sports organization.
(10) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated stadium or other
facility. As used in this subdivision, "events" means fundraisers
held to benefit a nonprofit corporation that has obtained a license
pursuant to this division for the event. "Events" does not include
football games or other athletic contests sponsored by any college or
public community college. This subdivision shall not apply to any
public education facility in which any grade from kindergarten to
grade 12, inclusive, is schooled.
(11) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license obtained under this division, for an event
during the weekend or at other times when pupils are not on the
grounds of an overnight retreat facility owned and operated by a
county office of education in a county of the 18th class.
(12) The grounds of the public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property that
has been developed and is used for residential facilities or housing
that is offered for rent, lease, or sale exclusively to faculty or
staff of a public school or community college.
(13) The grounds of a public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property of a
community college that is leased, licensed, or otherwise provided for
use as a water conservation demonstration garden and community
passive recreation resource by a joint powers agency comprised of
public agencies, including the community college, and the event at
which the alcoholic beverage is acquired, possessed, used, or
consumed is conducted pursuant to a written policy adopted by the
governing body of the joint powers agency and no public funds are
used for the purchase or provision of the alcoholic beverage.
(14) The alcoholic beverage is beer or wine acquired, possessed,
used, sold, or consumed only in connection with a course of
instruction, sponsored dinner, or meal demonstration given as part of
a culinary arts program at a campus of a University of California, a
California State University, or a California Community College and
the person has been authorized to acquire, possess, use, sell, or
consume the beer or wine by the governing body or other
administrative head of the school.
(b) Any person convicted of a violation of this section shall, in
addition to the penalty imposed for the misdemeanor, be barred from
having or receiving any privilege of the use of public school
property which is accorded by Article 2 (commencing with Section
82537) of Chapter 8 of Part 49 of the Education Code.
SECTION 1. Section 471.5 of the Business and
Professions Code is amended to read:
471.5. (a) Each program funded pursuant to this chapter shall
annually provide the county with the following information:
(1) Statistical data regarding its operating budget.
(2) The number of referrals, categories, or types of cases
referred to the program.
(3) The number of persons served by the program.
(4) The number of disputes resolved.
(5) The nature of the disputes resolved and the rate of
compliance.
(6) The number of persons utilizing the process more than once.
(7) The duration of, and the estimated costs of, the hearings
conducted by the programs.
(8) Any other information that the county may require.
(b) The data shall maintain the confidentiality and anonymity of
the persons employing the dispute resolution process.