BILL ANALYSIS AB 1748 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1748 (Hill) As Amended June 21, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |72-0 |(May 17, 2010) |SENATE: |31-0 |(June 24, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: G.O. 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. 3)Contains double-jointing language to prevent a chaptering-out conflict with AB 1643 (Smyth) and AB 1860 (Tom Berryhill). The Senate amendments add the double-jointing language in 3) above. 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. Provides various exceptions to this general prohibition at specified venues AB 1748 Page 2 (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 severely impact the ability of CSM to utilize the College Commons most efficiently and effectively. Proponents state that inclusion of this important provision into AB 1748 Page 3 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 (Tom 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: 0005043