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