BILL ANALYSIS Ó
AB 494
Page 1
Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 494 (Logue) - As Introduced: March 3, 2011
SUBJECT : Alcoholic beverages: possession: Sacramento River.
SUMMARY : Prohibits a person 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, as defined. Specifically, this
bill :
1) Provides that 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, or a bather, as defined, 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.
2) A violation would be an infraction punishable by a fine of
$100 for the first, and $250 for subsequent offenses.
3) Requires Glenn and Butte Counties to provide notice on the
land portions along the Sacramento River that this conduct is
punishable as an infraction.
EXISTING LAW :
1) 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. This involves licensing individuals and
businesses associated with the manufacture, importation and sale
of alcoholic beverages in this state and the collection of
license fees or occupation taxes for this purpose.
2) Prohibits possession of alcoholic beverages, whether open or
closed, on non-motorized vessels along the American River
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between the Hazel Avenue and Watt Avenue bridges during
three-summer holiday periods, Memorial Day, 4th of July, and
Labor Day.
3) Prohibits the possession of alcoholic beverages, whether
open or closed, on vessels along the Truckee River (from the
Highway 89 Bridge in Tahoe City to the Alpine Meadows Bridge)
during summer holiday periods.
4) Makes possessing open alcoholic beverage containers, as
specified, in any city or county park, city or county owned
public place, recreation and park district, or Regional Park or
open-space district an infraction, subject to a local ordinance
prohibiting such possession, with specified exceptions.
5) Prohibits operating any vessel (every description of
watercraft used or capable of being used as a means of
transportation on water, with specified exceptions) or riding on
water skis, or similar recreations equipment, while under the
influence of alcohol and/or drugs, and prohibits those
operations by anyone with a blood alcohol level (BAL) of 0.08%
or higher.
6) Makes any violation of the ABC Act a misdemeanor, if no
punishment or penalty is expressly provided for in statute and
specifies that all peace officers in the state are required to
enforce the provisions of the ABC Act. In such cases, a
misdemeanor is punishable by up to a $1,000 fine, or by both
imprisonment (up to six months in county jail) and fine.
7) Provides that every violation determined to be an infraction
is punishable by a fine not exceeding $100 for a first
violation, $200 for a second violation of the same ordinance
within one year and $500 for each additional violation of the
same ordinance within one year.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of this bill : According to the author, this bill would
authorize the Butte and Glenn County Boards of Supervisors to
determine the legality of alcohol possession during summer
holiday periods on a portion of the Sacramento River that runs
between Butte and Glenn Counties. AB 494 would provide that if
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both the Butte and Glenn Boards of Supervisors enact ordinances
prohibiting alcohol possession on the county land along this
portion of the river, possession would also be prohibited in the
river (which is state property) in this same area. A violation
would be an infraction punishable by a $100 fine for first
offense and by a $200 fine for a second offense in the same
year.
The author states that the portion of the Sacramento River which
flows through Chico is the "go to spot" for college students and
young adults to party on summer holidays. On a single day as
many as 15,000 locals and students from around the north state
float down the river on inner tubes, inflatable rafts, and other
ramshackle flotation devices to Beer Can Beach. The main
attraction is not the river but the massive amount of drinking
that takes place. Public intoxication, nudity, defecation, and
massive littering occur on/in the water. These crowds then
climb out of the water and drive home, often under the
influence. This poses a public safety and environmental risk,
with emergency rescues barely keeping this event from becoming
lethal.
The author states, local law enforcement does not have the
manpower to issue individual citations and make arrests once
this event has gotten underway and has requested that they be
authorized to stop it before it begins. In addition,
communities in these areas have reported a significant drop in
irresponsible behavior and an increase in the number of families
that frequent the river on summer holidays.
The author's office emphasizes that this bill is also necessary
because local agencies do not have the authority to ban
alcoholic beverages on the state's navigable waters.
In support : The Butte County Board of Supervisors state, this
bill has strong support from the Chico Chamber of Commerce, law
enforcement from multiple jurisdictions, and emergency rescue
agencies. The Board writes, "We are just lucky that we have not
seen deaths or serious injuries as a result of tens of thousand
of people floating down the Sacramento River on inner tubes and
other makeshift rafts while consuming large amounts of alcohol
over the Labor Day weekend. The fighting, unruly behavior,
medical emergencies and rescues that result from this event
require a massive response by law enforcement, medical and fire
and rescue personnel each year. The financial and resource
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strain placed on public safety agencies to protect the
participants of this unsanctioned Labor Day float and the
significant environmental impact caused by the excessive amount
of garbage left behind after this event justify a restriction
over this period."
Prior legislation : SB 1159 (Cox), Chapter 44, Statutes of 2008.
Prohibits the possession of alcoholic beverages, whether open
or closed, on vessels along the Truckee River (from the Highway
89 Bridge in Tahoe City to the Alpine Meadows Bridge) during
summer holiday periods.
AB 951 (Jones), Chapter 19, Statutes of 2007. Prohibits
possession of alcoholic beverages whether open or closed, on
non-motorized vessels along the American River between the Hazel
Avenue and Watt Avenue bridges during three summer holiday
periods - Memorial Day, 4th of July, and Labor Day.
REGISTERED SUPPORT / OPPOSITION :
Support
Butte County Board of Supervisors
California State Sheriffs' Association
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531