BILL ANALYSIS Ó Bill No: AB 494 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION Senator Roderick D. Wright, Chair 2011-2012 Regular Session Staff Analysis AB 494 Author: Logue As Introduced: February 15, 2011 Hearing Date: June 28, 2011 Consultant: Art Terzakis SUBJECT Alcoholic Beverages DESCRIPTION AB 494 is an urgency measure that prohibits possession of alcoholic beverages, whether open or closed, on non-motorized vessels along a portion of the Sacramento River (from the Highway 32 Bridge to the mouth of Big Chico Creek) during "summer holiday periods." Specifically, this measure: 1. Prohibits a person in a non-motorized vessel on the portion of the Sacramento River, from the Highway 32 Bridge to the mouth of Big Chico Creek, from possessing a container with an alcoholic beverage (whether opened or closed), during the summer holiday periods that the Glenn and Butte County Board of Supervisors prohibit alcohol on the land portions along this particular stretch of the river. 2. Stipulates that a violation of this provision is an "infraction" pursuant to Government Code Section 25132. 3. Requires Glenn and Butte County to provide notice on the land portion along the Sacramento River described above that this conduct is a violation punishable as an infraction during the specified holiday periods. 4. Defines "container" to mean a bottle, can, or other receptacle. AB 494 (Logue) continued Page 2 EXISTING LAW The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition.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. 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. Existing law 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. Existing law prohibits possession of alcoholic beverages, whether open or closed, on non-motorized vessels along the Truckee River (from the Highway 89 Bridge in Tahoe City to the Alpine Meadows Bridge) during "summer holiday periods." Existing law 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. Existing law 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 recreational 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 percent or higher. AB 494 (Logue) continued Page 3 Existing law 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. Existing law 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. Existing law, Harbors and Navigation Code Section 651.1, defines "bather" to mean a person floating, swimming, wading, or bodysurfing, with or without the use of a flotation device, including, but not limited to, floating upon or with the aid of a surfboard, paddle board, surfmat, innertube, life preserver, or air mattress, except a flotation device which is designed to be propelled by sail, mechanical means, power, oars, or paddle. BACKGROUND This measure would allow 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 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's office notes that this particular portion of the Sacramento River flows through Chico and is recognized as the "go to spot" for college students and young adults to party during 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 assorted flotation devices to "Beer Can Beach." The main attraction is not the river but the massive amount of AB 494 (Logue) continued Page 4 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 which poses a public safety and environmental risk, with emergency rescues barely keeping this event from becoming lethal. The author's office states that local law enforcement does not have sufficient personnel to adequately police the area and 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. PRIOR/RELATED LEGISLATION SB 1159 (Cox) Chapter 44, Statutes of 2008. Prohibited possession of alcoholic beverages, whether open or closed, on non-motorized 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. Prohibited 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. SUPPORT: As of June 24, 2011: Butte County Board of Supervisors Butte County Fire Department Butte College, Office of the President, Diana Van Der Ploeg California Police Chiefs Association California State Sheriffs' Association California State University, Chico, Office of the President, Paul J. Zingg California State University, Chico, Office of the V.P. Student Affairs, Drew Calandrella AB 494 (Logue) continued Page 5 Chico, City of Chico Chamber of Commerce Chico Police Department, Chief Mike Maloney Sheriff-Coroner of Butte County, Jerry W. Smith And, numerous private citizens OPPOSE: None on file as of June 24, 2011. FISCAL COMMITTEE: Senate Appropriations Committee