BILL ANALYSIS
AB 888
Page 1
Date of Hearing: April 1, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chair
AB 888 (Price) - As Introduced: February 26, 2009
SUBJECT : Alcoholic beverages: open containers: school grounds.
SUMMARY : Prohibits, as an infraction, the possession of an
alcoholic beverage container, or consumption of an alcoholic
beverage, on a public street, alley, or sidewalk within 1,000
feet of
the property line of a public or private school (K-12), with
specified exceptions. Specifically, this bill :
1)Any person who possesses an open alcoholic beverage container
or consumes an alcoholic beverage on a public street, public
alley, or public sidewalk within 1,000 feet of the property
line of a facility that is a public or private school that
provides prekindergarten, elementary, or secondary education
is guilty of an infraction, and shall be punished by a fine of
not more than two hundred and fifty dollars ($250) or shall be
required to perform not less than 24 hours or more than 32
hours of community service during hours when the person is not
employed or is not attending school, or a combination of fine
and community service as determined by the court.
2)Provides a second or subsequent violation of this section
shall be punished by a fine of not more than five hundred
dollars ($500), or the person shall be required to perform not
less than 36 hours or more than 48 hours of community service
during hours when the person is not employed or is not
attending school, or a combination of fine and community
service, as the court deems just.
3)Specifies the following exceptions:
a) Provides the prohibition shall not apply when an
individual is in possession of an open alcoholic beverage
container for the purpose of recycling or other related
activity.
b) Provides the prohibition does not apply when the
possession of an open alcoholic beverage container, or the
consumption of an alcoholic beverage, occurs at a duly
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licensed event or is otherwise authorized pursuant to this
division.
1)Provides the penalty imposed by this law does not preclude
prosecution or the imposition of penalties under any other
provision of law.
EXISTING LAW :
1)Constitutionally provides that "the State of California shall
have the exclusive right and power to license and regulate the
manufacture, sale, purchase, possession, and transportation of
alcoholic beverages within the State..." (Article XX, Section
22, State Constitution).
2)Establishes ABC and grants it exclusive authority to
administer the provisions of the Act in accordance with laws
enacted by the Legislature. Provides that ABC shall license
individuals and businesses associated with the manufacture,
importation and sale of alcoholic beverages in this state.
3)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 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
that prohibits the possession of those containers in those
areas or the consumption of alcoholic beverages in those
areas.
4)Prohibits, with specified exceptions, the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof. Existing law provides
various exceptions to this general prohibition at specified
venues (e.g., performing arts centers, stadiums, etc.).
5)Allows ABC to refuse the issuance, other than renewal or
ownership transfer, of any retail license for premises located
within the immediate vicinity of churches and hospitals.
6)Provides ABC is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any
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retail license for premises located within at least 600 feet
of schools and public playgrounds or nonprofit youth
facilities, including, but not limited to, facilities serving
Girl Scouts, Boy Scouts, or Campfire Girls. This distance
shall be measured pursuant to rules of ABC.
7)Prohibits the possession of alcoholic beverages, whether open
or closed, on vessels along the Truckee River (from the
Highway 89 Bridge in Tahoe City to the Alpine Meadows Bridge)
during summer holiday periods.
8)Prohibits possession of alcoholic beverages, whether open or
closed, on non-motorized vessels along the American River
between the Hazel Avenue and Watt Avenue bridges during
three-summer holiday periods, Memorial Day, 4th of July, and
Labor Day.
FISCAL EFFECT : Unknown
COMMENTS :
According to the author, consumption of alcohol near a
prekindergarten, elementary, or secondary education school
raises issues pertaining to safety and neighborhood character.
AB 888 will give cities an additional tool to crack down on
disturbance of the peace, public drunkenness, loitering,
harassment of passersby, public urination, lewd conduct, and
vandalism which at times is related to illegal alcohol
consumption.
The goal of this bill is to create and maintain a safe and
healthy learning environment for children throughout California.
The author states this bill will help to clean-up specific
areas where schools (K-12) are located to create a safer
learning environment for our children.
The author maintains, the young citizens of this State have an
undeniable and fundamental right to the advantages of a school
environment which is conducive to educational goals and
prerogatives and which is totally free of alcohol abuse and
other illicit activities on or near school property (K-12).
According to the author, this bill is consistent with current
law in that ABC is specifically authorized to refuse the
issuance, other than renewal or ownership transfer, of any
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retail license for premises located within at least 600 feet of
schools and public playgrounds or nonprofit youth facilities,
including, but not limited to, facilities serving Girl Scouts,
Boy Scouts, or Campfire Girls. AB 888 simply extends that
provision in current law to open containers.
Policy consideration . To be consistent with current law, the
author might consider amending the distance from the property
line in AB 888 from 1,000 feet to 600 feet. This would relate
to the same distance in the ABC Act pertaining to ABC refusing
the issuance, other than renewal or ownership transfer, of any
retail license for premises located within at least 600 feet of
schools and public playgrounds or nonprofit youth facilities,
including, but not limited to, facilities serving Girl Scouts,
Boy Scouts, or Campfire Girls.
Prior legislation: SB 1159 (Cox), Chapter 44, Statutes of 2008.
Prohibits the possession of alcoholic beverages, whether open
or closed, on vessels along the Truckee River (from the Highway
89 Bridge in Tahoe City to the Alpine Meadows Bridge) during
summer holiday periods.
AB 951 (Jones), Chapter 19, Statutes of 2007, prohibited
possession of alcoholic beverages, whether open or closed, on
non-motorized vessels along the American River between the Hazel
Avenue and Watt Avenue bridges during three-summer holiday
periods, Memorial Day, 4th of July and Labor Day.
AB 2187 (Aanestad), Chapter 381, Statutes of 2000, allowed local
governments to prohibit the possession of open containers of
alcoholic beverages in city- or county-owned parks or public
places, if the respective local government has enacted an
ordinance prohibiting the possession or consumption of alcoholic
beverages in those areas.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
(AFSCME)
California Council on Alcohol Policy
California Council on Alcohol Problems
Opposition
AB 888
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None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531