BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 319|
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                                 THIRD READING


          Bill No:  AB 319
          Author:   Norby (R)
          Amended:  8/29/11 in Senate
          Vote:     21

           
           SENATE GOVERNMENTAL ORGANIZATION COMM.  :  13-0, 6/28/11
          AYES:  Wright, Anderson, Berryhill, Calderon, Cannella, 
            Corbett, De León, Evans, Hernandez, Padilla, Strickland, 
            Wyland, Yee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/26/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Alcoholic beverage control:  public 
          schoolhouses

           SOURCE  :     Author


           DIGEST  :    This bill permits the sale and consumption of 
          alcohol on all community college campuses statewide, during 
          special events, when the proper license or permit has been 
          issued by the Department of Alcoholic Beverage Control and 
          authority has been granted by the community college 
          district.

           Senate Floor Amendments  of 8/29/11 (1) reinstate the phrase 
          "pursuant to a license or permit" within the definition of 
          'special event' to insure that such events are conducted in 
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          accordance with the Department of Alcoholic Beverage 
          Control license/permit process, (2) propose add a potential 
          chaptering out problem between this bill and SB 339 (Wolk) 
          relating to alcoholic beverages.  

           ANALYSIS  :    The enactment of the 21st Amendment to the 
          U.S. Constitution in 1933 repealed the 18th Amendment and 
          ended the era of Prohibition.  Accordingly, states were 
          granted the authority to establish alcoholic beverage laws 
          and administrative structures to regulate the sale and 
          distribution of alcoholic beverages.  

          Existing law establishes the Department of Alcoholic 
          Beverage Control (ABC) and grants it exclusive authority to 
          administer the provisions of the ABC Act in accordance with 
          laws enacted by the Legislature.  

          The ABC Act 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 community college school 
          grounds.

          This bill:

          1. Permits the sale and consumption of alcohol on all 
             community college campuses statewide, during special 
             events, when the proper license or permit has been 
             issued by the ABC and authority has been granted by the 
             community college district.

          2. Expands an existing exception to the general prohibition 
             against the consumption of alcoholic beverages on 
             publicly owned school property (K-14) that is currently 
             applicable only to special events held at community 
             colleges in the Counties of Los Angeles, Alameda, and 
             San Mateo to include community colleges in all counties.

          3. Modifies the definition of "special event" within this 
             existing statute by clarifying that such events must be 
             held with the permission of the governing board of the 

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             community college.

           Background

           Current law prohibits the sale, possession or consumption 
          of alcoholic beverages on the grounds of a public school 
          (K-14) and provides various exceptions to this prohibition. 
           The exceptions were intended to generate additional 
          revenue for community colleges by licensing, permitting or 
          leasing college facilities for wedding receptions, bar 
          mitzvahs and a range of corporate, civic and cultural uses. 
           Such events are predicated on alcohol service.  For 
          example, AB 3071 (Assembly Governmental Organization 
          Committee), Chapter 508, of 2008 creates a limited 
          exception to existing provisions of the ABC Act by allowing 
          alcoholic beverages to be possessed, consumed, or sold at 
          "special events" held at facilities of a public community 
          college located in the Counties of Alameda and Los Angeles. 
           Examples of a special event are festivals, shows, private 
          parties, concerts, theatrical productions, and other events 
          held on the premises of the public community college, 
          pursuant to a license or permit, and for which the 
          principal attendees are members of the general public or 
          invited guests and not students of the public community 
          college.  AB 1748 (Hill), Chapter 84, Statutes of 2010, 
          expands this particular exception to include San Mateo 
          County.   

          The author's office points out that the Legislature has 
          generally approved exceptions to the prohibition on a site 
          by site basis and under very narrow circumstances.  This 
          bill intends to avoid the need for future legislation in 
          this area by providing a blanket exception for all 
          community college campuses statewide during special events.

           Prior/Related Legislation
          
           AB 1643 (Smyth), Chapter 79, Statutes of 2010, permits 
          alcoholic beverages to be acquired, possessed, or used 
          during events held at a community college-owned facility 
          used to school K-12 students, if the event is held at a 
          time when students in any grades from K-12 are not present 
          at the facility.


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          AB 1860 (Tom Berryhill), Chapter 239, Statutes 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 have this authority.  

          AB 1748 (Hill), Chapter 84, Statutes of 2010, expands an 
          existing exception to the general prohibition against the 
          consumption of alcoholic beverages on publicly owned school 
          property (K-14) applicable to special events held at a 
          community college in a county of the first class (Los 
          Angeles) and in a county of the fourth class (Alameda) to 
          also include a community college located in a county of the 
          10th class (San Mateo).  

          AB 888 (Price), 2009-10 Session, would have added a new 
          provision to the ABC Act prohibiting an individual from 
          possessing or consuming an open alcoholic beverage 
          container on city and county streets, alleys, and sidewalks 
          within 600 feet of a public or private school, with 
          specified exceptions.  (Vetoed by Governor on the basis 
          that existing law already allows local government the 
          ability to enact ordinances to restrict or prohibit the 
          possession or consumption of alcohol in public areas.) 

          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.  

          AB 172 (Smyth), Chapter 398, Statutes of 2009, similar to 
          AB 1643 (Smyth) of 2010.  (AB 1448 ÝTom Berryhill], Chapter 
          399 of 2009 inadvertently chaptered out AB 172)

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/30/11)


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          Community College League of California
          Rancho Santiago Community Colleges
          Student Senate, California Community Colleges


           ASSEMBLY FLOOR  :  75-0, 5/26/11
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Carter, 
            Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer, 
            Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, 
            Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 
            Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, 
            Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Smyth, Solorio, 
            Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, 
            Yamada, John A. Pérez
          NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones


          PQ:do  8/30/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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