BILL NUMBER: AB 1643 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 12, 2010
INTRODUCED BY Assembly Member Smyth
JANUARY 12, 2010
An act to amend Section 25608 of the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1643, as amended, Smyth. Alcohol beverages: places of
consumption.
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 acquired, possessed, or used during events at a
college-owned or college-operated stadium or other facility, but
specifies that the exemption does not apply to any public education
facility in which any grade from kindergarten to grade 12, inclusive,
is schooled.
This bill would provide that the prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
schoolhouse does not apply if the alcoholic beverages are acquired,
possessed, or used during events at a community college-owned
facility in which any grade from kindergarten to grade 12, inclusive,
is schooled, if the event is held at a time when students are not
present at the facility.
This bill would incorporate additional changes to Section 25608 of
the Business and Professions Code proposed by AB 1860, to be
operative only if AB 1860 and this bill are both enacted and become
effective on or before January 1, 2011, both bills amend that
section, and this bill is enacted after AB 1860.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
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 of the schoolhouse are leased to a lessee that is a general
law city with a population of less than 50,000, or the public
schoolhouse is surplus school property and the grounds of the
schoolhouse are located in an unincorporated area and are leased to a
lessee that is a civic organization, and the property is to be used
for community center purposes and no public school education is to be
conducted on the property 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 6,000,000 people. As used in this paragraph,
"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 that 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
paragraph, "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 that 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 paragraph, "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 paragraph 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 paragraph, "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.
(16) The alcoholic beverages are acquired, possessed, or used
during an event at a community college-owned facility in which any
grade from kindergarten to grade 12, inclusive, is schooled, if the
event is held at a time when students in any grades from kindergarten
to grade 12, inclusive, are not present at the facility. As used in
this paragraph, "events" include fundraisers held to benefit a
nonprofit corporation that has obtained a license pursuant to this
division for the event.
(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 Division 7 of the Education Code.
SEC. 2. 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 of the schoolhouse are
leased to a lessee which that 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 of the schoolhouse are located in an
unincorporated area and are leased to a lessee which
that 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 on the
property 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 6,000,000
people. As used in this subdivision
paragraph , "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 that
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
paragraph , "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
that 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
paragraph , "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 paragraph
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 or by an independent school district .
(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
paragraph , "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.
(16) The alcoholic beverages are acquired, possessed, or used
during an event at a community college-owned facility in which any
grade from kindergarten to grade 12, inclusive, is schooled, if the
event is held at a time when students in any grades from kindergarten
to grade 12, inclusive, are not present at the facility. As used in
this paragraph, "events" include fundraisers held to benefit a
nonprofit corporation that has obtained a license pursuant to this
division for the event.
(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 Division 7 of the
Education Code.
SEC. 3. Section 2 of this bill incorporates
amendments to Section 25608 of the Business and Professions Code
proposed by both this bill and AB 1860. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, but this bill becomes operative first, (2)
each bill amends Section 25608 of the Business and Professions Code,
and (3) this bill is enacted after AB 1860, in which case Section
25608 of the Business and Professions Code, as amended by Section 1
of this bill, shall remain operative only until the operative date of
AB 1860, at which time Section 2 of this bill shall become
operative.
SEC. 2. SEC. 4. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to allow fundraising at community college-owned
facilities as soon as possible, it is necessary that this act take
effect immediately.