BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1860
                                                                  Page  1

          Date of Hearing:   April 12, 2010

                   ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
                                   Joe Coto, Chair
              AB 1860 (T. Berryhill) - As Introduced:  February 12, 2010
           
          SUBJECT  :   Alcoholic beverages: places of consumption.

           SUMMARY  :    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.
           
          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.  Existing law provides  
            various exceptions to this general prohibition at specified  
            venues (e.g., performing arts centers, stadiums, etc.).

          3)Creates an exception to the general prohibition against the  
            consumption of alcoholic beverages on publicly owned school  
            property by allowing alcoholic beverages to be sold and  
            consumed for an event during the weekend or at other times  
            when pupils are not on the rounds of an overnight retreat  
            facility owned and operated by the county office of education  
            in Stanislaus County.
           
          FISCAL EFFECT  :   Unknown.

           COMMENTS  :   

          Existing law provides for many exceptions to the general  
          prohibition, including those for college stadiums, culinary arts  
          programs, and housing and performing arts facilities.  Other  








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          existing exceptions allow alcoholic beverages to be possessed,  
          consumed, and sold at organized, licensed events held on the  
          grounds of overnight retreat facilities owned and operated by  
          the Marin and Stanislaus County Offices of Education, provided  
          that the events occur on weekends or at other times when pupils  
          are not on the grounds. 

          This bill extends the exceptions for the aforementioned Marin  
          and Stanislaus County Offices of Education to all county offices  
          of education and school districts with overnight retreat  
          facilities when pupils are not on the grounds.  The Clovis  
          Unified School District and the Sutter County Superintendent of  
          Schools state "during these difficult budget times, when we are  
          making significant cuts to our educational programs and  
          services, having some ability to increase revenues will be very  
          helpful in our effort to sustain very important outdoor  
          educational programs."  During days and weekends when outdoor  
          education facilities are not in use and not hosting students,  
          the public would have access to a unique center for weddings,  
          family reunions, and other organizational events.  The Santa  
          Clara County Office of Education writes, this measure "will be  
          beneficial because not only will it keep costs down for students  
          but will provide a usable venue for the public, without  
          jeopardizing the safety of students."
           
           Related legislation:  AB 1748 (Hill) of 2010, would allow ABC to  
          issue a temporary beer/wine license, daily general license, or a  
          caterer's authorization for a "special event" occurring at a  
          public community college in San Mateo County.  AB 1748 is  
          pending in the Assembly Governmental Organization Committee.

          AB 1643 (Smyth) of 2010, would allow alcoholic beverages to be  
          possessed and used at fundraising events held at community  
          college-owned facilities where kindergarten through 12th (K-12)  
          grade students are taught, provided that the events take place  
          when K-12 students are not present.  This bill is identical to  
          AB 172 (Smyth), Chapter 398, Statutes of 2009 which was  
          chaptered out by AB 1448 (T. Berryhill), Chapter 399, Statutes  
          of 2009).  

           Prior legislation  :  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  








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          office of education in Stanislaus County.

          AB 3071 (Governmental Organization Committee), Chapter 508,  
          Statutes of 2008.  Included a provision that allows beer or wine  
          to be possessed, used, sold, or consumed in connection with  
          "special events", as defined, held at the facilities of a public  
          community college in Los Angeles and Alameda County.

          AB 1598 (Price), Chapter 149, Statutes of 2007.  Provided an  
          additional exception for culinary arts programs to be able to  
          acquire, possess, use, sell, or consume beer or wine for a  
          California Community College (CCC) campuses.  

          AB 767 (Mullin), Chapter 204, Statutes of 2005.  Provides that  
          the prohibition against the sale or consumption of alcoholic  
          beverage on the grounds of a public schoolhouse does not apply  
          if the grounds on which the alcoholic beverage is acquired,  
          possessed, used, or consumed is property that has been developed  
          and is used for residential facilities or housing that is  
          offered for rent, lease, or sale exclusively to faculty or staff  
          of a public school or community college district.

          AB 2416 (Governmental Organization Committee), Chapter 639,  
          Statutes of 1998.  Authorized the consumption of alcohol at  
          fund-raisers held at facilities of the California Community  
          Colleges, who were interested in obtaining a more general  
          authorization allowing college foundations or other auxiliary  
          nonprofit organizations to use their facilities for ABC approved  
          events.  Additionally, this bill authorized county offices of  
          education in a county of the 18th class to allow alcohol on its  
          grounds.  This change was for the Marin County Office of  
          Education, which has an overnight retreat facility available for  
          events held during the weekend or at other times when pupils are  
          not on the grounds.

          SB 572 (Maddy), Chapter 90, Statutes of 1997, authorizes the  
          possession and use of alcoholic beverages during nonprofit  
          fundraising events held at college-owned or operated stadiums  
          with a capacity of over 18,900 in a county of the 14th class.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Clovis Unified School District








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          Kathleen Hansen, Superintendent of Schools, Sutter County
          Santa Clara County Office of Education

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Eric Johnson / G. O. / (916) 319-2531