BILL ANALYSIS                                                                                                                                                                                                    

                                                       Bill No:  AB  
                       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

                              Alcoholic Beverages

          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          Constitution in 1933 repealed the 18th Amendment and ended  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,  


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          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  

                 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  


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           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  
          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  


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          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.