BILL NUMBER: AB 1748 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2010
INTRODUCED BY Assembly Member Hill
FEBRUARY 8, 2010
An act to amend Section 25608 of the Business and Professions
Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 1748, as amended, Hill. Alcoholic beverage control: public
schoolhouses.
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 possessed, consumed, or sold, pursuant to a
license, for special events held at the facilities of a public
community college located in a county of the 1st or 4th class.
This bill would expand the exception to this prohibition to
include special events held at the facilities of a public community
college located in a county of the 10th class.
This bill would incorporate additional changes to Section 25608 of
the Business and Professions Code proposed by AB 1643 and AB 1860,
to be operative only if AB 1643 and this bill, AB 1860 and this bill,
or AB 1643, AB 1860, and this bill are enacted and become effective
on or before January 1, 2011, as specified.
This bill would make legislative findings and declarations as to
the necessity of a special statute for a county of the 10th class.
Vote: majority. 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 thereof are leased to a lessee which 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 are located in an
unincorporated area and are leased to a lessee which 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 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 people. As used in this subdivision,
"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 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, "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 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, "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 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, a county of the fourth class,
or a county of the tenth 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.
(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 Title 3 of
the Education Code.
SEC. 1.3. 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.
(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
class, a county of the fourth class, or a county of the
tenth 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 Title 3 of
the Education Code.
SEC. 1.5. 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
of the schoolhouse , 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 of the
schoolhouse , 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 , permit, or authorization obtained
under this division, for an event during the weekend or at
other times when pupils are not on the grounds of held
at an overnight retreat facility owned and operated by a
county office of education in a county of the 18th or 20th
class or a school district at times when pupils ar
e not on the grounds .
(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
class, a county of the fourth class, or a county of the
tenth 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.
(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 Title 3 of
the Education Code.
SEC. 1.7. 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
of the schoolhouse , 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 of the
schoolhouse , 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 , permit, or authorization obtained
under this division, for an event during the weekend or at
other times when pupils are not on the grounds of held
at an overnight retreat facility owned and operated by a
county office of education in a county of the 18th or 20th
class or a school district at times when pupils are
not on the grounds .
(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
class, a county of the fourth class, or a county of the
tenth 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 Title 3 of
the Education Code.
SEC. 2. (a) Section 1.3 of this bill incorporates
amendments to Section 25608 of the Business and Professions Code
proposed by both this bill and AB 1643. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2011, (2) each bill amends Section 25608 of the
Business and Professions Code, and (3) AB 1860 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after AB 1643, in which case Sections 1, 1.5 and 1.7 of this bill
shall not become operative.
(b) Section 1.5 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, (2) each
bill amends Section 25608 of the Business and Professions Code, (3)
AB 1643 is not enacted or as enacted does not amend that section, and
(4) this bill is enacted after AB 1860 in which case Sections 1, 1.3
and 1.7 of this bill shall not become operative.
(c) Section 1.7 of this bill incorporates amendments to Section
25608 of the Business and Professions Code proposed by this bill, AB
1643, and AB 1860. It shall only become operative if (1) all three
bills are enacted and become effective on or before January 1, 2011,
(2) all three bills amend Section 25608 of the Business and
Professions Code, and (3) this bill is enacted after AB 1643 and
1860, in which case Sections 1, 1.3 and 1.5 of this bill shall not
become operative.
SEC. 2. SEC. 3. The Legislature
finds and declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution because of the conditions
unique to a county of the tenth class.