BILL NUMBER: AB 494	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 15, 2011

   An act to add Section 25608.12 to the Business and Professions
Code, relating to alcoholic beverages, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 494, as introduced, Logue. Alcoholic beverages: possession:
Sacramento River.
   (1) The Alcoholic Beverage Control Act regulates the possession,
sale, and consumption of alcohol. The act makes it a crime to violate
any of its provisions.
   This bill would prohibit specified persons on certain portions of
the Sacramento River from possessing a container, as defined, with an
alcoholic beverage during the summer holiday periods that the Glenn
and Butte County Boards of Supervisors prohibit the consumption of an
alcoholic beverage or possession of an open alcoholic beverage
container on the land portions along those portions of the river. The
bill would require Glenn and Butte Counties to provide notice on the
land portions along the Sacramento River that this conduct is
punishable as an infraction.
   Because this bill would create a new crime and require Glenn and
Butte Counties to provide notice on the land portions along the river
that this conduct is punishable as an infraction, this bill would
impose a state-mandated local program.
   This bill would make legislative findings and declarations as to
the necessity of a special statute.
   (2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 25608.12 is added to the Business and
Professions Code, to read:
   25608.12.  (a) On the portion of the Sacramento River, from the
Highway 32 Bridge to the mouth of Big Chico Creek, a person in a
vessel, as defined by Section 651 of the Harbors and Navigation Code,
or a bather, as defined by Section 651.1 of the Harbors and
Navigation Code, shall not possess a container with an alcoholic
beverage, whether opened or closed, during the summer holiday periods
that the Glenn County Board of Supervisors and the Butte County
Board of Supervisors prohibit the consumption of an alcoholic
beverage or possession of an open alcoholic beverage container on the
land portions along this portion of the river.
   (b) For purposes of this section, "container" means a bottle, can,
or other receptacle.
   (c) A violation of this section is punishable as an infraction
pursuant to subdivision (b) of Section 25132 of the Government Code.
   (d) Glenn County and Butte County shall provide notice on the land
portions along the Sacramento River described in subdivision (a)
that a violation of this section is punishable as an infraction.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique problem of prevalent consumption of alcohol
during certain summer holiday periods on this portion of the
Sacramento River.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health and safety of the public due to the
problem of consumption of alcohol during certain summer holiday
periods on a portion of the Sacramento River, it is necessary for
this act to take effect immediately.