BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1643
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1643 (Smyth)
          As Introduced  January 12, 2010
          2/3 vote.  Urgency

           GOVERNMENTAL ORGANIZATION   20-0APPROPRIATIONS      17-0        
           
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          |Ayes:|Coto, Blakeslee, Chesbro, |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Cook,                     |     |Bradford, Charles         |
          |     |De Leon, Evans, Galgiani, |     |Calderon, Coto, Davis,    |
          |     |Hernandez, Hill,          |     |Nava, Hall, Harkey,       |
          |     |Jeffries, Lieu, Ma,       |     |Miller, Nielsen, Norby,   |
          |     |Mendoza, Nestande,        |     |Skinner, Solorio,         |
          |     |V. Manuel Perez,          |     |Torlakson, Torrico        |
          |     |Portantino, Silva,        |     |                          |
          |     |Torres, Torrico, Tran     |     |                          |
           ----------------------------------------------------------------- 
           
          SUMMARY  :   Removes the prohibition against serving alcohol at a  
          public kindergarten K-12 school housed on the campus of a  
          college, as long as the event is held at a time when children  
          are not present. In addition, the only allowable events at which  
          alcohol can be served in this instance are fundraisers held to  
          benefit a nonprofit corporation.  Specifically,  this bill  :  

          1)Provides 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.

          2)Provides that "events" include fundraisers held to benefit a  
            nonprofit corporation that has obtained a license to serve,  
            etc., such alcoholic beverages at said event.

          3)Makes technical changes to existing law.

           EXISTING LAW  :

          1)Establishes the Department of Alcoholic Beverage Control (ABC)  
            and grants it exclusive authority to administer the provisions  








                                                                  AB 1643
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            of the Alcoholic Beverage Control Act in accordance with laws  
            enacted by the Legislature.

          2)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.). 
           
          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, any costs associated with this measure would be minor  
          and absorbable within ABC's existing resources.

           COMMENTS  :  Existing law generally prohibits, with specified  
          exceptions, the possession, consumption and sale of alcoholic  
          beverages in any public school (K-14) or any grounds thereof.   
          Over the years, numerous legislative exceptions have been  
          granted to school districts to allow for the possession and use  
          of alcoholic beverages on school grounds.  These include  
          instances where a qualified community college district conducts  
          viticulture instructional programs or, in the case of one  
          exception, permitting the consumption of alcohol in conjunction  
          with a professional minor league baseball program at a community  
          college stadium or culinary arts programs at California    
          Community Colleges.

          The above-mentioned exceptions were narrowly drafted and done to  
          address specific instances of alcohol consumption at an event  
          held on the grounds of a community college.   

           Purpose of the bill  :  This bill is identical to AB 172 (Smyth),  
          Chapter 398, Statutes of 2009.  That bill was signed by the  
          Governor but was chaptered out by AB 1448 (T. Berryhill),  
          Chapter   399, Statutes of 2009.  This bill has been  
          reintroduced by the author to address the chaptering problem.

          According to the author, the College of the Canyons, located in  
          the Santa Clarita Valley, is completing construction of a new  
          University Center facility to serve a variety of functions for  
          the campus.  The community college plans to use the top floor of  
          the facility as a conference and meeting center.  Part of that  
          plan includes alcohol service in support of designated events.   
          Current law allows alcohol to be served on a community college  
          campus, provided there is some benefit given back to its  








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          students for educational programming.  In order to meet the  
          requirements of current law, any event hosted by the College of  
          the Canyons where alcohol is served will induce a contribution  
          to the College of the Canyons Foundation.

          The author further notes, that current law also prohibits  
          alcohol service in any facility that is also occupied by K-12  
          students.  At the College of the Canyons, a portion of the first  
          floor of the University Center building will house the Academy  
          of the Canyons (11th and 12th grades) and Early College High  
          School (9th through 12th grades).  Given that the conference  
          center will be used after school hours and will be located on a  
          different floor than the two schools, with no direct access by  
          high school students, this bill seeks to revise the law to allow  
          alcohol service in the facility when high school students are  
          not present.  Without such a change, College of the Canyons will  
          be unable to utilize this new facility to its maximum potential.  
           Furthermore, the events that would be held in the new facility  
          will provide valuable contributions to both the school and the  
          surrounding community, as they often raise money for a variety  
          of community activities. 

           Prior legislation  :  AB 172 (Smyth), Chapter 398, Statutes of  
          2009.  Allowed public colleges to serve alcoholic beverages  
          during fundraisers in college facilities that are used to  
          support school K-12 students, if the event is held at a time  
          when students are not present at the facility.
           

          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531


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