BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 888|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 888
Author: Price (D)
Amended: 6/10/09 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-1, 6/23/09
AYES: Wright, Harman, Denham, Florez, Negrete McLeod,
Oropeza, Padilla, Price, Wiggins, Wyland, Yee
NOES: Benoit
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 50-25, 5/21/09 - See last page for vote
SUBJECT : Alcoholic beverages: open containers: school
grounds
SOURCE : Author
DIGEST : This bill adds a new provision to the Alcoholic
Beverage Control 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.
ANALYSIS : Existing law establishes the Department of
Alcoholic Beverage Control and grants it exclusive
authority to administer the provisions of the Alcoholic
CONTINUED
AB 888
Page
2
Beverage Control (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
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 Department of Alcoholic Beverage Control.
This bill:
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
AB 888
Page
3
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.
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.
Comments
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 bill 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 bill is consistent
with current law in that the Department of Alcoholic
AB 888
Page
4
Beverage Control 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 bill extends that
provision in current law to open containers.
Prior/Related Legislation
AB 3071 (Assembly Governmental Organization Committee),
Chapter 508, Statutes of 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, Statutes of 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, Statutes of 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, Statutes of 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, Statutes of 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, Statutes of 1993,
authorized the possession and use of alcoholic beverages on
public school grounds (1) at events sponsored by Napa
Community College (currently known as Napa Valley College)
AB 888
Page
5
which has an instructional program on viticulture and
enology, and (2) 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 250,000 inhabitants.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fong, Fuentes, Furutani, Galgiani, Gilmore, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, Portantino, Price, Ruskin, Salas,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, DeVore, Duvall, Fletcher, Fuller,
Gaines, Garrick, Hagman, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, V. Manuel Perez, Silva, Smyth,
Audra Strickland, Villines
NO VOTE RECORDED: Cook, Emmerson, Harkey, Saldana, Tran
TSM:mw 7/6/09 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****