BILL ANALYSIS                                                                                                                                                                                                    


          |SENATE RULES COMMITTEE            |                  AB 1748|
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          Bill No:  AB 1748
          Author:   Hill (D)
          Amended:  As introduced
          Vote:     21

           SENATE GOVERNMENTAL ORG. COMMITTEE  :  6-0, 6/9/10
          AYES:  Wright, Negrete McLeod, Padilla, Price, Wyland, Yee
          NO VOTE RECORDED:  Harman, Calderon, Denham, Florez,  

           ASSEMBLY FLOOR  :  72-0, 5/17/10 - See last page for vote

           SUBJECT  :    Alcoholic beverage control:  public  

           SOURCE  :     San Mateo Community College District

           DIGEST  :    This bill expands an existing exception in the  
          Alcoholic Beverage Control 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).   
           ANALYSIS  :    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          U.S. Constitution in 1933 repealed the 18th Amendment and  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  


                                                               AB 1748

          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,  
          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.  (see Senate policy for prior listing)

          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.  AB 3071 (Assembly  
          Governmental Organization Committee), Chapter 508, Statutes  
          of 2008, created a narrow exception to this existing  
          prohibition applicable only to community colleges in the  
          Counties of Los Angeles and Alameda.  This bill adds 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, 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  


                                                               AB 1748

          not on the grounds.  Under current law only Marin and  
          Stanislaus have this authority.  (Pending in Senate  
          Governmental Organization Committee)

          AB 1643 (Smyth) 2009-10 Session, allows 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. (On the Senate Floor)

          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  
          possession or consumption of alcohol in public areas.) 

          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.  

          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)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/14/10)

          San Mateo Community College District (source)

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Charles Calderon, Chesbro,  


                                                               AB 1748

            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torres, Torrico, Tran, Villines,  
            John A. Perez
          NO VOTE RECORDED:  Bass, Caballero, Carter, Furutani,  
            Silva, Torlakson, Yamada, Vacancy

          DLW:do  6/14/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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