BILL ANALYSIS
Bill No: AB
888
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 888 Author: Price
As Amended: June 10, 2009
Hearing Date: June 23, 2009
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages: open containers: school grounds
DESCRIPTION
AB 888 adds a new provision to the Alcoholic Beverage
Control (ABC) Act that prohibits an individual from
possessing or consuming an open alcoholic beverage
container on city and county streets, alleys, and sidewalks
within 600 feet of a public or private school, with
specified exceptions. Specifically, this measure:
1. Makes possession of an open alcoholic beverage
container, or consumption of an alcoholic beverage on a
public street, public alley, or public sidewalk within
600 feet of any public or private K-12 school an
infraction offense punishable by a fine of up to $250 or
between 24 and 32 hours of community service, or a
combination thereof for a first offense, and punishable
by a fine of up to $500 or more than 48 hours of
community service, as the court deems just, or a
combination thereof, for a subsequent offense.
2. Exempts possession of an open alcoholic beverage
container for the purpose of recycling or other related
activity.
3. Exempts possession or consumption of an alcoholic
beverage if it occurs at a licensed event.
AB 888 (Price) continued
Page 2
4. Exempts possession or consumption of an alcoholic
beverage if it occurs at a private residence where a
private school provides education from kindergarten to
grade 12.
5. Stipulates that the penalties imposed by this measure
do not preclude prosecution or the imposition of
penalties under any other provision of law.
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
the era of Prohibition. Accordingly, states were granted
the authority to establish alcoholic beverage laws and
administrative structures to regulate the sale and
distribution of alcoholic beverages.
Existing law establishes the Department of Alcoholic
Beverage Control (ABC) and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with
laws enacted by the Legislature.
The ABC Act generally 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.)
The ABC Act stipulates that 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.
Existing law 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
AB 888 (Price) continued
Page 3
and hospitals.
Existing law grants ABC the authority 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. The
law provides that this distance shall be measured pursuant
to rules of the ABC.
BACKGROUND
Purpose of AB 888: The author's office points out that
consumption of alcoholic beverages near prekindergarten,
elementary, or secondary education schools raises severe
issues pertaining to safety and neighborhood character.
According to the author's office, this measure is intended
to give cities an additional tool to crack down on
disturbance of the peace, public drunkenness, loitering,
and harassment of passersby, public urination, lewd
conduct, and vandalism which at times is related to illegal
alcohol consumption.
The author's office notes that the young children 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's office maintains that this measure 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. The author's office emphasizes that
this measure simply extends that provision in current law
to open containers.
PRIOR/RELATED LEGISLATION
As noted above, current law prohibits the sale, possession
or consumption of alcoholic beverages on the grounds of a
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public school. Over the years, numerous legislative
exceptions have been granted to school districts to allow
for the possession and use of alcoholic beverages on
community college school grounds. For example:
AB 3071 (Governmental Organization Committee),
Chapter 508/2008, authorized the possession, use, sale
or consumption of alcoholic beverages in connection
with special events held at the facilities of a public
community college, located in Los Angeles County or
Alameda County.
SB 1486 (Hollingsworth), Chapter 72/2006,
authorized alcoholic beverages to be served and
consumed on the grounds of the water Conservation
Demonstration Garden on the campus of Cuyamaca College
in Rancho San Diego.
SB 220 (Chesbro), Chapter 203/2005, authorized Napa
Valley College to sell wine it produces as part of the
College's instructional program in viticulture and
enology.
AB 767 (Mullin), Chapter 204/2005, authorized the
possession and consumption of alcoholic beverages in
residential facilities or housing offered for rent,
lease, or sale exclusively to faculty or staff of San
Mateo Community College.
SB 572 (Maddy), Chapter 90/1997, authorized the
possession and use of alcoholic beverages during
nonprofit fundraising events held at Memorial Stadium
on the Bakersfield College campus. "Events" does not
include football games or other athletic contests held
at the college.
SB 113 (Thompson), Chapter 238/1993, authorized the
possession and use of alcoholic beverages on public
school grounds as follows: (a) at events sponsored by
Napa Community College (currently known as Napa Valley
College) which has an instructional program on
viticulture and enology; and, (b) at a professional
minor league baseball game conducted at the stadium of
a community college (Butte Community College) located
in a county with a population of less than 2500,000
inhabitants.
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SUPPORT: None on file as of June 19, 2009.
OPPOSE: None on file as of June 19, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee
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