BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 319| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 319 Page 2 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 ANALYSIS : The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition.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 CONTINUED AB 319 Page 3 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. CONTINUED AB 319 Page 4 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) CONTINUED AB 319 Page 5 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 **** END **** CONTINUED