BILL ANALYSIS
AB 1748
Page 1
ASSEMBLY THIRD READING
AB 1748 (Hill)
As Introduced February 8, 2010
Majority vote
GOVERNMENTAL ORGANIZATION 21-0APPROPRIATIONS 17-0
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|Ayes:|Coto, Anderson, |Ayes:|Fuentes, Conway, Ammiano, |
| |Blakeslee, Chesbro, Cook, | |Bradford, Charles |
| |Bradford, Evans, | |Calderon, Coto, Davis, De |
| |Galgiani, Hall, | |Leon, Hall, Harkey, |
| |Hernandez, Hill, | |Miller, Nielsen, Norby, |
| |Charles Calderon, Ma, | |Skinner, Solorio, |
| |Mendoza, Nestande, V. | |Torlakson, Torrico |
| |Manuel Perez, Portantino, | | |
| |Silva, Torres, Torrico, | | |
| |Tran | | |
| | | | |
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SUMMARY : Creates a new exception to the general prohibition
against the consumption of alcoholic beverages on publicly owned
school property by allowing the College of San Mateo (CSM) to
serve alcohol for special events at its dining commons on the
campus. 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,
AB 1748
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consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof. 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs associated with this legislation 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
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 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
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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
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 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.
Prior legislation. AB 172 (Smyth), Chapter 398, Statutes of
2009, allows 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,
authorizes 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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0004355