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 AB 1860 Page 2 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 AB 1860 Page 3 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 AB 1860 Page 4 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