BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1748
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          Date of Hearing:   April 21, 2010

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                                   Joe Coto, Chair
                  AB 1748 (Hill) - As Introduced:  February 8, 2010
           
          SUBJECT  :   Alcoholic beverage control: public schoolhouses.

           SUMMARY  :   Creates a new exception to the general prohibition  
          against the consumption of alcoholic beverages on publicly owned  
          school property by allowing alcoholic beverages to be possessed,  
          sold and consumed in connection with "special events" held at  
          the facilities of a public community college, located in a  
          county of the 10th class (San Mateo).  Specifically,  this bill  :   


          1)Expands an exception to the general prohibition against the  
            consumption of alcoholic beverages on publicly owned school  
            property (K-14) for 'special events" held at community  
            colleges in a County of the first class (Los Angeles County)  
            and in the County of the fourth class (Alameda County) to also  
            include a public community college located in a county of the  
            10th class (San Mateo).

          2)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  
            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.). 

          3)Provides that the above-mentioned 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.









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           FISCAL EFFECT  :   Unknown.

           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  :  According to the author, current law has  
          been modified in the past to allow community colleges in certain  
          areas of the state to possess, consume, and sell alcohol  
          pursuant to a license for special events held at various campus  
          facilities.  AB 1748 simply adds the San Mateo County Community  
          College District to this list of such approved entities.  

          This year the College of San Mateo (CSM), one of three colleges  
          within the District, will complete the renovation and expansion  
          of one of its main dining facilities -- The College Commons.   
          This facility will be able to seat as many as 400 people for  
          special events.  The alcohol prohibition that currently applies  
          to District campuses would severely impact the ability of CSM to  
          utilize the College Commons most efficiently and effectively.  

          Proponents state that inclusion of this important provision into  
          current law will enable CSM to take full advantage of  
          opportunities to lease the facility for special events which in  
          turn, will make the maintenance of the facility less reliant on  
          state general funds.  Proponents believe this is timely in light  
          of the state's current budget crisis.

           Related legislation  :  AB 1643 (Smyth) of 2010, allows public  
          colleges to serve alcoholic beverages during fundraisers in  








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          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.  (Pending in Assembly Appropriations).

          AB 1860 (T. Berryhill) of 2010, allows 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 County Offices of Education have this  
          authority.  (Pending in Assembly Appropriations).
           
          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.

          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.

           Chaptering problem  :  The author should consider amendments to  
          address a potential chaptering problem with AB 1643 (Smyth) and  
          AB 1860 (T. Berryhill).  The enactment of these measures in  
          their present form might present a chaptering problem which  
          possibly can be avoided by appropriate amendments.

           



          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file








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