BILL NUMBER: AB 2426	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2008
	AMENDED IN ASSEMBLY  APRIL 10, 2008

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 21, 2008

   An act to amend Section 25620 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2426, as amended, Cook. Alcoholic beverages: state parks: open
containers.
   Under the Alcoholic Beverage Control Act, any person possessing an
open container of an alcoholic beverage in any city or county park
area or adjacent public space, as specified, or any regional park or
recreation and park district, is guilty of an infraction if the city
or county has enacted an ordinance that prohibits the consumption of
alcoholic beverages in those areas, except as specified.
   This bill would also prohibit, as an infraction, the possession of
an open container of an alcoholic beverage in an area or unit of a
state park if the district superintendent of the state park system
unit or area has posted an order, in accordance with state park
 regulations   policy and other specified
procedures  , that prohibits the consumption of alcoholic
beverages in those areas, except as specified.
   This bill would impose a state-mandated local program by expanding
the scope of an existing crime.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25620 of the Business and Professions Code is
amended to read:
   25620.  (a) Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any unit or area
within the state park system, or any recreation and park district, or
any regional park or open-space district shall be guilty of an
infraction if the city, county, or city and county has enacted an
ordinance, or the district superintendent of the state park system
has posted an order, approved by the Director of Parks and
Recreation, and posted in accordance with state park 
regulations   policy and subdivision (b)  , that
prohibits the possession of those containers in those areas or the
consumption of alcoholic beverages in those areas. 
   (b) (1) The district superintendent of the state park system
shall, at least 30 days before posting the order specified in
subdivision (a), do both of the following:  
   (A) Provide public notice of the proposed order.  
   (B) Provide the public with an opportunity to comment on the
proposed order.  
   (2) The public notice specified in paragraph (1) shall be made in
a manner that will provide the public with sufficient time to review
and comment on the proposed order.  
   (b) 
    (c)  This section does not apply where the possession is
within premises located in a park or other public place for which a
license has been issued pursuant to this division. 
   (c) 
    (d)  This section does not apply when an individual is
in possession of an alcoholic beverage container for the purpose of
recycling or other related activity.
  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.