BILL NUMBER: AB 74 AMENDED
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Ma
DECEMBER 21, 2010
An act to add Section
421 to the Penal Code
11000.10 to the Government Code , relating to public
LEGISLATIVE COUNSEL'S DIGEST
AB 74, as amended, Ma. Public events: Raves:
prohibitions. event action plan.
Existing law generally authorizes state agencies, including
district agricultural associations, to allow private individuals or
corporations to hold events on state property.
This bill would require that any state agency that seeks to hold
an event with an expected attendance level over a specified amount on
property that is either owned or operated by a state agency to,
prior to the event, conduct a threat assessment that addresses
specified topics. This bill would also require that if the state
agency determines, based on the facts presented to it in the
assessment, that there is a strong probability that loss of life or
harm to the participants could occur, then the state agency must
require the promoter to prepare an event action plan that includes
specified information. This bill would also require the state agency
to approve the event action plan before the promoter may hold the
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
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
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 no .
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 Raves Safety Act
SEC. 2. Section 421 is added to the Penal Code,
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
SEC. 2. Section 11000.10 is added to the
Government Code , to read:
11000.10. (a) (1) Any state agency, including, but not limited
to, a district agricultural association, or a joint powers agency
that includes a district agricultural association, that seeks to hold
an event with an expected attendance level over 1,000 participants
on property that is either owned or operated by a state agency shall,
at a normally scheduled meeting, and at least 30 days prior to the
event date, assess the threat of loss of life or harm to participants
that the event poses. The assessment shall consider, among others,
all of the following topics:
(A) Prior events held by the promoter.
(B) Prior events held at the facility.
(C) Similar types of events in general.
(D) The potential need for law enforcement.
(E) The potential need for onsite medical care.
(F) The potential for drug use and distribution.
(2) If the state agency determines that, based on the facts
presented to it in the assessment, there is a strong probability that
loss of life or harm to the participants could occur, then the state
agency shall require the promoter to prepare an event action plan.
The promoter shall not hold the event until the state agency approves
the event action plan. The event action plan shall address all of
(A) Health and safety concerns, including, but not limited to,
whether the promoter should provide free water, whether the promoter
should prohibit any person under 18 years of age from attending the
event, adequacy of ventilation, attendance capacity, and exit signs.
(B) Law enforcement concerns, including, but not limited to, the
ratio of peace officers or security guards to event attendees, and
mechanisms for the control of drug use and drug trafficking.
(C) The potential need for supplying educational pamphlets, or
other relevant emergency materials, including, but not limited to,
first aid, to help alleviate any risk posed by the event.
(b) For purposes of this section, "promoter" means the individual,
association, corporation, partnership, or other organization that
arranges, holds, organizes, or otherwise conducts the event.