BILL NUMBER: AB 1448	CHAPTERED
	BILL TEXT

	CHAPTER  399
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  MAY 21, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Tom Berryhill

                        FEBRUARY 27, 2009

   An act to amend Section 25608 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1448, Tom Berryhill. Alcoholic beverage control: public
schoolhouses.
   Existing law generally prohibits the sale or consumption of
alcoholic beverages at a public schoolhouse or any grounds thereof.
Existing law provides that this prohibition does not apply if the
alcoholic beverage is possessed, consumed, or sold, pursuant to a
license, for an event during the weekend or at other times when
pupils are not on the grounds of an overnight retreat facility owned
and operated by a county office of education in a county of the 18th
class.
   This bill would additionally provide that the prohibition does not
apply to such a retreat facility owned and operated by a county
office of education in a county of the 20th class. This bill makes
legislative findings and declarations regarding the necessity of a
special statute.


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

  SECTION 1.  Section 25608 of the Business and Professions Code is
amended to read:
   25608.  (a) Every person who possesses, consumes, sells, gives, or
delivers to any other person, any alcoholic beverage in or on any
public schoolhouse or any of the grounds thereof, is guilty of a
misdemeanor. This section does not, however, make it unlawful for any
person to acquire, possess, or use any alcoholic beverage in or on
any public schoolhouse, or on any grounds thereof, if any of the
following applies:
   (1) The alcoholic beverage possessed, consumed, or sold, pursuant
to a license obtained under this division, is wine that is produced
by a bonded winery owned or operated as part of an instructional
program in viticulture and enology.
   (2) The alcoholic beverage is acquired, possessed, or used in
connection with a course of instruction given at the school and the
person has been authorized to acquire, possess, or use it by the
governing body or other administrative head of the school.
   (3) The public schoolhouse is surplus school property and the
grounds thereof are leased to a lessee which is a general law city
with a population of less than 50,000, or the public schoolhouse is
surplus school property and the grounds thereof are located in an
unincorporated area and are leased to a lessee which is a civic
organization, and the property is to be used for community center
purposes and no public school education is to be conducted thereon by
either the lessor or the lessee and the property is not being used
by persons under the age of 21 years for recreational purposes at any
time during which alcoholic beverages are being sold or consumed on
the premises.
   (4) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated veterans stadium
with a capacity of over 12,000 people, located in a county with a
population of over six million people. As used in this subdivision,
"events" mean football games sponsored by a college, other than a
public community college, or other events sponsored by noncollege
groups.
   (5) The alcoholic beverages are acquired, possessed, or used
during an event not sponsored by any college at a performing arts
facility built on property owned by a community college district and
leased to a nonprofit organization which is a public benefit
corporation formed under Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code. As used in this
subdivision, "performing arts facility" means an auditorium with more
than 300 permanent seats.
   (6) The alcoholic beverage is wine for sacramental or other
religious purposes and is used only during authorized religious
services held on or before January 1, 1995.
   (7) The alcoholic beverages are acquired, possessed, or used
during an event at a community center owned by a community services
district and the event is not held at a time when students are
attending a public school-sponsored activity at the center.
   (8) The alcoholic beverage is wine which is acquired, possessed,
or used during an event sponsored by a community college district or
an organization operated for the benefit of the community college
district where the college district maintains both an instructional
program in viticulture on no less than five acres of land owned by
the district and an instructional program in enology, which includes
sales and marketing.
   (9) The alcoholic beverage is acquired, possessed, or used at a
professional minor league baseball game conducted at the stadium of a
community college located in a county with a population of less than
250,000 inhabitants, and the baseball game is conducted pursuant to
a contract between the community college district and a professional
sports organization.
   (10) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated stadium or other
facility. As used in this subdivision, "events" means fundraisers
held to benefit a nonprofit corporation that has obtained a license
pursuant to this division for the event. "Events" does not include
football games or other athletic contests sponsored by any college or
public community college. This subdivision shall not apply to any
public education facility in which any grade from kindergarten to
grade 12, inclusive, is schooled.
   (11) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license obtained under this division, for an event
during the weekend or at other times when pupils are not on the
grounds of an overnight retreat facility owned and operated by a
county office of education in a county of the 18th or 20th class.
   (12) The grounds of the public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property that
has been developed and is used for residential facilities or housing
that is offered for rent, lease, or sale exclusively to faculty or
staff of a public school or community college.
   (13) The grounds of a public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property of a
community college that is leased, licensed, or otherwise provided for
use as a water conservation demonstration garden and community
passive recreation resource by a joint powers agency comprised of
public agencies, including the community college, and the event at
which the alcoholic beverage is acquired, possessed, used, or
consumed is conducted pursuant to a written policy adopted by the
governing body of the joint powers agency and no public funds are
used for the purchase or provision of the alcoholic beverage.
   (14) The alcoholic beverage is beer or wine acquired, possessed,
used, sold, or consumed only in connection with a course of
instruction, sponsored dinner, or meal demonstration given as part of
a culinary arts program at a campus of a California community
college and the person has been authorized to acquire, possess, use,
sell, or consume the beer or wine by the governing body or other
administrative head of the school.
   (15) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license or permit obtained under this division for
special events held at the facilities of a public community college,
located in a county of the first class or a county of the fourth
class, during the special event. As used in this subdivision,
"special event" means festivals, shows, private parties, concerts,
theatrical productions, and other events held on the premises of the
public community college, pursuant to a license or permit, and for
which the principal attendees are members of the general public or
invited guests and not students of the public community college.
   (b) Any person convicted of a violation of this section shall, in
addition to the penalty imposed for the misdemeanor, be barred from
having or receiving any privilege of the use of public school
property which is accorded by Article 2 (commencing with Section
82537) of Chapter 8 of Part 49 of the Education Code.
  SEC. 2.  The Legislature finds and declares that, because of the
unique circumstances of the economy of the county of the 20th class
specified in Section 1, that are applicable only to the county of the
20th class, a statute of general applicability cannot be enacted
within the meaning of subdivision (b) of Section 16 of Article IV of
the California Constitution, and, therefore, this special statute is
necessary.