BILL ANALYSIS Bill No: AB 1748 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2009-2010 Regular Session Staff Analysis AB 1748 Author: Hill As Introduced: February 8, 2010 Hearing Date: June 9, 2010 Consultant: Art Terzakis SUBJECT Alcoholic Beverages DESCRIPTION AB 1748 expands an existing exception in the Alcoholic Beverage Control (ABC) Act pertaining to the general prohibition against the consumption of alcoholic beverages on publicly owned school property (K-14) which is applicable for "special events" held at the facilities of a community college in a county of the first class (Los Angeles) or a county of the fourth class (Alameda) to also include a community college located in a county of the 10th class (San Mateo). EXISTING LAW The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition.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, AB 1748 (Hill) continued Page 2 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 72/206, 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 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 AB 1748 (Hill) continued Page 3 inhabitants. BACKGROUND Purpose of AB 1748: The College of San Mateo recently completed the renovation and expansion of one of its main dining facilities that will be able to seat as many as 400 people for special events (e.g., weddings and receptions) with alcoholic beverages being served. Current law however generally prohibits, with specified exceptions, the possession, consumption and sale of alcoholic beverages in any public school (K-14) or any grounds thereof. In 2008, AB 3071 (Chapter 508) created a narrow exception to this existing prohibition applicable only to community colleges in the Counties of Los Angeles and Alameda. AB 1748 would add the County of San Mateo to this existing provision of law thereby granting the San Mateo County Community College District the same privilege. 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 1643 (Smyth) 2009-10 Session. Would allow public colleges (K-14) to serve alcoholic beverages during "special events" and fundraisers in a college facility that is used to school K-12 students, provided the events are held at a time when students in any grade from K-12 are not present at the facility. (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 AB 1748 (Hill) continued Page 4 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) SUPPORT: San Mateo Community College District (sponsor) OPPOSE: None on file as of June 4, 2010. FISCAL COMMITTEE: No. **********