BILL NUMBER: AB 74	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        DECEMBER 21, 2010

   An act to add Section 421 to the Penal Code, relating to public
events.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 74, as introduced, Ma. Public events: Raves: prohibitions.
   Existing law generally prohibits certain assemblages or events
that disturb the peace.
   This bill would provide, subject to exceptions, that any person
who conducts a public event at night that includes prerecorded music
and lasts more than 31/2 hours is guilty of a misdemeanor punishable
by a fine of $10,000 or twice the actual or estimated gross receipts
for the event, whichever is greater.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
Anti-Raves Act of 2011.
  SEC. 2.  Section 421 is added to the Penal Code, to read:
   421.  (a) Any person who conducts a public event at night that
includes prerecorded music and lasts more than three and one-half
hours is guilty of a misdemeanor punishable by a fine of ten thousand
dollars ($10,000) or twice the actual or estimated gross receipts
for the event, whichever is greater.
   (b) Subdivision (a) shall not apply to a public event on private
property if the entity that conducts the public event has a business
license to operate a bar, club, theater, entertainment venue, or
other similar business, or to conduct sporting events, and conducting
the public event is consistent with the business license.
   (c) For purposes of this section, "night" means that period
between sunset and sunrise.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.