BILL ANALYSIS
Bill No: AB
1448
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1448 Author: Tom Berryhill
As Amended: April 13, 2009
Hearing Date: July 8, 2009
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages: public schoolhouses
DESCRIPTION
AB 1448 creates an exception to the general prohibition
against the consumption of alcoholic beverages on publicly
owned school property by allowing alcoholic beverages to be
sold and consumed 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 the county
office of education in Stanislaus County. Specifically,
this measure:
1. Provides the prohibition relating to the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof shall not apply 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 20th class.
2. Contains boilerplate language (special legislation
disclaimer) justifying the need to restrict this measure
to just one county to avoid the constitutional
prohibition against special legislation (Article IV,
Section 16 [b]).
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
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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.)
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
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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.
BACKGROUND
As noted above, current law prohibits the sale, possession
or consumption of alcoholic beverages on the grounds of a
public school. Current law provides various exceptions to
this prohibition including one applicable 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 (Marin County). This measure would create
another limited exception so that alcoholic beverages could
be possessed, consumed, or sold at events held on the
grounds of an overnight retreat facility owned and operated
by a county office of education in a county of the 20th
class (Stanislaus County).
Purpose of AB 1448: The author's office indicates that
this measure is intended to help solve a problem for the
Stanislaus County Office of Education (SCOE), which
operates Foothill Horizons, an outdoor school that serves
over 6,000 elementary students each year. Foothill
Horizons sits on 143 acres located at the base of the
Sierra Nevada Mountains at approximately 2500'. The school
has facilities that can be used for meetings or activities
including a dining hall that can accommodate up to 250
people and dormitories that can house up to 200 guests.
The author's office states that the program at Foothill
Horizons is correlated to the California State Science
Standards and is designed to give students first-hand
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experiences in discovering the outdoor world.
The author's office notes that Foothill Horizons is
expensive to maintain with most of the financial support
being derived from fees paid by parents, schools and the
SCOE. Due to drastic funding cuts among the local school
districts it is expected that costs for the outdoor program
will rise resulting in a correlating drop-off in student
attendees.
Current law prohibits the SCOE from serving alcohol during
a non-student activity on the schools campus. The author's
office points out that this measure is intended to help
generate much needed revenue from facility rentals and
special events (e.g., weddings, family reunions, etc) by
allowing the SCOE to lease these facilities for a range of
corporate, civic and cultural uses which would include the
consumption and sale of alcoholic beverages during days and
weekends when Foothill is not hosting students. It is
expected that the money generated from these additional
revenue opportunities will help offset the cost of
maintaining the Outdoor Education program and keep fees
affordable for school districts and families.
RELATED LEGISLATION
AB 59 (Jeffries) 2009-10 Session. Would provide that, if a
military identification card lacks a physical description,
but does include date of birth and photo, further proof of
majority shall not be required to purchase or consume any
alcoholic beverage, as specified. (Pending in Senate
Appropriations)
AB 172 (Smyth) 2009-10 Session. Would permit nonprofit
organizations to serve and sell alcoholic beverages during
a fundraising event held at a college facility used to
school K-12 students, if the event is held at a time when
children are not present at the facility. (Pending in this
committee)
AB 888 (Price) 2009-10 Session. Would add a new provision
to the 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.
(Pending in Senate Appropriations)
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AB 1191 (Conway) 2009-10 Session. Would allow licensees
selling alcoholic beverages to accept U.S. passports and
foreign passports as proof of age. (Pending on Senate
floor)
SUPPORT: Stanislaus County Office of Education
OPPOSE: None on file as of July 3, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee
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