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 EXISTING LAW The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended AB 1643 (Smyth) continued Page 2 the era of Prohibition.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 AB 1643 (Smyth) continued Page 3 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 AB 1643 (Smyth) continued Page 4 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) AB 1643 (Smyth) continued Page 5 SUPPORT: College of the Canyons OPPOSE: None on file as of June 4, 2010. FISCAL COMMITTEE: No. **********