BILL ANALYSIS AB 1643 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1643 (Smyth) As Amended May 12, 2010 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |69-0 |(April 26, |SENATE: |33-0 |(June 17, | | | |2010) | | |2010) | ----------------------------------------------------------------- Original Committee Reference: G.O. 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 : The Senate amendments incorporate language to avoid a chaptering problem with AB 1860 (Tom Berryhill). EXISTING LAW : 1)Establishes the Department of Alcoholic Beverage Control (ABC) and grants it exclusive authority to administer the provisions 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 AB 1643 Page 2 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 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 AB 1643 Page 3 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 FN: 0004936