BILL ANALYSIS
AB 888
Page 1
ASSEMBLY THIRD READING
AB 888 (Price)
As Amended April 14, 2009
Majority vote
GOVERNMENTAL ORGANIZATION 13-1 APPROPRIATIONS 11-5
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|Ayes:|Price, Chesbro, Coto, De |Ayes:|De Leon, Ammiano, |
| |Leon, Evans, Galgiani, | |Charles Calderon, Davis, |
| |Hall, Hill, Lieu, | |Fuentes, Hall, John A. |
| |Mendoza, Portantino, | |Perez, Price, Skinner, |
| |Torres, Torrico | |Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Anderson |Nays:|Nielson, Duvall, Harkey, |
| | | |Miller, Audra Strickland |
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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 600 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 600 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 $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 $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
AB 888
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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; and,
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
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 the Department of Alcoholic Beverage Control (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
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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
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 : Negligible, non-reimbursable costs for
prosecution, offset by fine revenue, for violations of
provisions associated with possessing open alcoholic beverage
containers within 600 feet of a school.
COMMENTS : According to the author, consumption of alcohol near
a prekindergarten, elementary, or secondary education school
raises issues pertaining to safety and neighborhood character.
This bill will give cities an additional tool to crack down on
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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 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).
The author states 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 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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0000407