BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          1643
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis


          AB 1643  Author:  Smyth
          As Amended:  May 12, 2010
          Hearing Date:  June 9, 2010
          Consultant:  Art Terzakis

                                     SUBJECT  
                              Alcoholic Beverages

                                   DESCRIPTION
           
          AB 1643 is an  urgency  measure that creates a new exception  
          in the Alcoholic Beverage Control (ABC) Act with respect to  
          the prohibition against the possession, consumption and  
          sale of alcoholic beverages in any public school (K-14) or  
          any grounds thereof.  Specifically, this measure:    

          1.  Permits alcoholic beverages to be acquired, possessed,  
            or used during events held at a community college-owned  
            facility used to school K-12 students, if the event is  
            held at a time when  students in any grades from K-12 are  
            not present at the facility.  
           
          2.  Defines "events" to include fundraisers held to benefit  
            a nonprofit that has obtained an appropriate ABC license  
            for the event.

          3.  Contains a chaptering out provision incorporating the  
            provisions of this measure and AB 1860 of 2010 - Tom  
            Berryhill, referenced in "related legislation" listed  
            below. 

          4.  Makes other minor technical code maintenance changes.

                                   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          Constitution in 1933 repealed the 18th Amendment and ended  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.  

          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  
               possession and use of alcoholic beverages during  
               nonprofit fundraising events held at Memorial Stadium  




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               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 (K-14) and provides various exceptions to  
          this prohibition.  

           Purpose of AB 1643:   According to the author's office, the  
          College of the Canyons, located in the Santa Clarita  
          Valley, has completed construction of a new University  
          Center facility to serve a variety of purposes for the  
          campus.  A portion of the first floor of the University  
          Center facility will house the Academy of the Canyons (11th  
          and 12th grades) and Early College High School (9th through  
          12th grades).  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.  

          The author's office notes that current law prohibits  
          alcohol service in any facility that is also occupied by  
          K-12 students.  Given that the conference center (3rd  
          floor) 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 measure seeks to  
          revise the law to allow alcohol service in the University  
          Center facility when high school students are  not  present.   
          The author's office emphasizes that without such a change,  
          College of the Canyons will be unable to utilize this new  
          facility to its maximum potential.  Furthermore, the  
          author's office points out that events scheduled to be held  




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          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/RELATED LEGISLATION
           
           AB 1860 (Tom Berryhill) 2009-10 Session.   Would allow  any   
          county office of education or school district in the state  
          that owns and operates an overnight  retreat facility to  
          have an event at the overnight retreat facility where  
          alcoholic beverages can be possessed, consumed or sold,  
          provided the event is held during weekends or at times when  
          pupils are not on the grounds.  Under current law only  
          Marin and Stanislaus have this authority.  (Pending in this  
          Committee)
           
          AB 1748 (Hill) 2009-10 Session.   Would expand an existing  
          exception to the general prohibition against the  
          consumption of alcoholic beverages on publicly owned         
              school property (K-14) applicable to special events  
          held at a community college in a county of the first class  
          (Los Angeles) and in a county of the fourth class (Alameda)  
          to also include a community college located in a county of  
          the 10th class (San Mateo).  (Pending in this Committee)
           
          AB 888 (Price) 2009-10 Session.   Would have added a new  
          provision to the ABC Act prohibiting 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.  (Vetoed by Governor on the basis  
          that existing law already allows local government the  
          ability to enact ordinances to restrict or prohibit the  
          possession or consumption of alcohol in public areas.)  
           
           AB 1448 (Tom Berryhill) Chapter 399, Statutes of 2009.    
          Authorized the possession, consumption, or sale of  
          alcoholic beverages 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.  

           AB 172 (Smyth) Chapter 398, Statutes of 2009.   Similar to  
          AB 1643 (Smyth) of 2010.  (AB 1448 - Tom Berryhill Chapter  
          399 of 2009 inadvertently chaptered out AB 172)
          




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           SUPPORT:   College of the Canyons
           
          OPPOSE:   None on file as of June 4, 2010.
           
          FISCAL COMMITTEE:   No.

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