BILL NUMBER: SB 339	CHAPTERED
	BILL TEXT

	CHAPTER  702
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2011
	APPROVED BY GOVERNOR  OCTOBER 9, 2011
	PASSED THE SENATE  AUGUST 30, 2011
	PASSED THE ASSEMBLY  AUGUST 22, 2011
	AMENDED IN ASSEMBLY  AUGUST 18, 2011
	AMENDED IN ASSEMBLY  MAY 23, 2011
	AMENDED IN SENATE  MARCH 31, 2011

INTRODUCED BY   Senator Wolk
   (Coauthor: Senator Evans)
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 15, 2011

   An act to amend Sections 23396 and 25608 of, and to add Section
23038.3 to, the Business and Professions Code, relating to alcoholic
beverages.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 339, Wolk. Alcoholic beverage control: on-sale beer and wine
licenses: bona fide public eating place: public schoolhouses.
   (1) The Alcoholic Beverage Control Act authorizes the issuance of
an on-sale beer and wine eating place license, which authorizes the
sale of beer and wine for consumption on or off the licensed
premises, provided the licensee maintains the licensed premises as a
bona fide public eating place, as defined, and meets other specified
requirements.
   This bill would expand the definition of bona fide public eating
place, for purposes of the on-sale beer and wine eating place
license, to include a cooking school that provides courses and
instructions in the preparation of food and maintains suitable
kitchen facilities, as provided. The bill would make other related
changes to a provision containing compliance requirements imposed
upon bona fide eating places for which an on-sale license has been
issued.
   (2) Existing law generally prohibits the sale or consumption of
alcoholic beverages at a public schoolhouse or any grounds thereof.
Existing law provides that this prohibition does not apply if the
alcoholic beverage is possessed, consumed, or used during an event at
a community center owned by a community services district, as
provided.
   This bill would expand that exception to this prohibition to
include events held at a community center owned by a city.
   (3) This bill would incorporate additional changes in Section
25608 of the Business and Professions Code, proposed by AB 319, to be
operative only if AB 319 and this bill are both chaptered and become
effective January 1, 2012, and this bill is chaptered last.
   (4) The Alcoholic Beverage Control Act provides that a violation
of specified provisions of the act is punishable as a misdemeanor.
This bill would expand an existing crime by imposing requirements on
additional licensees under the act; thus, the bill would impose a
state-mandated local program.
   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 no reimbursement is required by this
act for a specified reason.


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

  SECTION 1.  Section 23038.3 is added to the Business and
Professions Code, to read:
   23038.3.  Notwithstanding Section 23038, for purposes of issuing
an on-sale beer and wine license only, "bona fide public eating place"
also means a cooking school that regularly and in a bona fide manner
provides courses of instruction in the preparation of food, and that
maintains suitable kitchen facilities for the preparation of food
that is offered to persons attending the courses of instruction.
  SEC. 2.  Section 23396 of the Business and Professions Code is
amended to read:
   23396.  Any on-sale license authorizes the sale of the alcoholic
beverage specified in the license for consumption on the premises
where sold. No alcoholic beverages, other than beers, may be sold or
served in any bona fide public eating place for which an on-sale
license has been issued unless the premises comply with the
requirements prescribed in Section 23038, 23038.1, 23038.2, or
23038.3.
  SEC. 3.  Section 25608 of the Business and Professions Code is
amended to read:
   25608.  (a) Every person who possesses, consumes, sells, gives, or
delivers to any other person, any alcoholic beverage in or on any
public schoolhouse or any of the grounds of the schoolhouse, is
guilty of a misdemeanor. This section does not, however, make it
unlawful for any person to acquire, possess, or use any alcoholic
beverage in or on any public schoolhouse, or on any grounds of the
schoolhouse, if any of the following applies:
   (1) The alcoholic beverage possessed, consumed, or sold, pursuant
to a license obtained under this division, is wine that is produced
by a bonded winery owned or operated as part of an instructional
program in viticulture and enology.
   (2) The alcoholic beverage is acquired, possessed, or used in
connection with a course of instruction given at the school and the
person has been authorized to acquire, possess, or use it by the
governing body or other administrative head of the school.
   (3) The public schoolhouse is surplus school property and the
grounds of the schoolhouse are leased to a lessee that is a general
law city with a population of less than 50,000, or the public
schoolhouse is surplus school property and the grounds of the
schoolhouse are located in an unincorporated area and are leased to a
lessee that is a civic organization, and the property is to be used
for community center purposes and no public school education is to be
conducted on the property by either the lessor or the lessee and the
property is not being used by persons under the age of 21 years for
recreational purposes at any time during which alcoholic beverages
are being sold or consumed on the premises.
   (4) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated veterans stadium
with a capacity of over 12,000 people, located in a county with a
population of over 6,000,000 people. As used in this paragraph,
"events" mean football games sponsored by a college, other than a
public community college, or other events sponsored by noncollege
groups.
   (5) The alcoholic beverages are acquired, possessed, or used
during an event not sponsored by any college at a performing arts
facility built on property owned by a community college district and
leased to a nonprofit organization that is a public benefit
corporation formed under Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code. As used in this
paragraph, "performing arts facility" means an auditorium with more
than 300 permanent seats.
   (6) The alcoholic beverage is wine for sacramental or other
religious purposes and is used only during authorized religious
services held on or before January 1, 1995.
   (7) The alcoholic beverages are acquired, possessed, or used
during an event at a community center owned by a community services
district or a city and the event is not held at a time when students
are attending a public school-sponsored activity at the center.
   (8) The alcoholic beverage is wine that is acquired, possessed, or
used during an event sponsored by a community college district or an
organization operated for the benefit of the community college
district where the college district maintains both an instructional
program in viticulture on no less than five acres of land owned by
the district and an instructional program in enology, which includes
sales and marketing.
   (9) The alcoholic beverage is acquired, possessed, or used at a
professional minor league baseball game conducted at the stadium of a
community college located in a county with a population of less than
250,000 inhabitants, and the baseball game is conducted pursuant to
a contract between the community college district and a professional
sports organization.
   (10) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated stadium or other
facility. As used in this paragraph, "events" means fundraisers held
to benefit a nonprofit corporation that has obtained a license
pursuant to this division for the event. "Events" does not include
football games or other athletic contests sponsored by any college or
public community college. This paragraph shall not apply to any
public education facility in which any grade from kindergarten to
grade 12, inclusive, is schooled.
   (11) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license, permit, or authorization obtained under this
division, for an event held at an overnight retreat facility owned
and operated by a county office of education or a school district at
times when pupils are not on the grounds.
   (12) The grounds of the public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property that
has been developed and is used for residential facilities or housing
that is offered for rent, lease, or sale exclusively to faculty or
staff of a public school or community college.
   (13) The grounds of a public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property of a
community college that is leased, licensed, or otherwise provided for
use as a water conservation demonstration garden and community
passive recreation resource by a joint powers agency comprised of
public agencies, including the community college, and the event at
which the alcoholic beverage is acquired, possessed, used, or
consumed is conducted pursuant to a written policy adopted by the
governing body of the joint powers agency and no public funds are
used for the purchase or provision of the alcoholic beverage.
   (14) The alcoholic beverage is beer or wine acquired, possessed,
used, sold, or consumed only in connection with a course of
instruction, sponsored dinner, or meal demonstration given as part of
a culinary arts program at a campus of a California community
college and the person has been authorized to acquire, possess, use,
sell, or consume the beer or wine by the governing body or other
administrative head of the school.
   (15) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license or permit obtained under this division for
special events held at the facilities of a public community college,
located in a county of the first class, a county of the fourth class,
or a county of the tenth class, during the special event. As used in
this paragraph, "special event" means 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.
   (16) The alcoholic beverages are acquired, possessed, or used
during an event at a community college-owned facility in which any
grade from kindergarten to grade 12, inclusive, is schooled, if the
event is held at a time when students in any grades from kindergarten
to grade 12, inclusive, are not present at the facility. As used in
this paragraph, "events" include fundraisers held to benefit a
nonprofit corporation that has obtained a license pursuant to this
division for the event.
   (b) Any person convicted of a violation of this section shall, in
addition to the penalty imposed for the misdemeanor, be barred from
having or receiving any privilege of the use of public school
property which is accorded by Article 2 (commencing with Section
82537) of Chapter 8 of Part 49 of Division 7 of Title 3 the Education
Code.
  SEC. 3.5.  Section 25608 of the Business and Professions Code is
amended to read:
   25608.  (a) Every person who possesses, consumes, sells, gives, or
delivers to any other person, any alcoholic beverage in or on any
public schoolhouse or any of the grounds of the schoolhouse, is
guilty of a misdemeanor. This section does not, however, make it
unlawful for any person to acquire, possess, or use any alcoholic
beverage in or on any public schoolhouse, or on any grounds of the
schoolhouse, if any of the following applies:
   (1) The alcoholic beverage possessed, consumed, or sold, pursuant
to a license obtained under this division, is wine that is produced
by a bonded winery owned or operated as part of an instructional
program in viticulture and enology.
   (2) The alcoholic beverage is acquired, possessed, or used in
connection with a course of instruction given at the school and the
person has been authorized to acquire, possess, or use it by the
governing body or other administrative head of the school.
   (3) The public schoolhouse is surplus school property and the
grounds of the schoolhouse are leased to a lessee that is a general
law city with a population of less than 50,000, or the public
schoolhouse is surplus school property and the grounds of the
schoolhouse are located in an unincorporated area and are leased to a
lessee that is a civic organization, and the property is to be used
for community center purposes and no public school education is to be
conducted on the property by either the lessor or the lessee and the
property is not being used by persons under the age of 21 years for
recreational purposes at any time during which alcoholic beverages
are being sold or consumed on the premises.
   (4) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated veterans stadium
with a capacity of over 12,000 people, located in a county with a
population of over 6,000,000 people. As used in this paragraph,
"events" mean football games sponsored by a college, other than a
public community college, or other events sponsored by noncollege
groups.
   (5) The alcoholic beverages are acquired, possessed, or used
during an event not sponsored by any college at a performing arts
facility built on property owned by a community college district and
leased to a nonprofit organization that is a public benefit
corporation formed under Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code. As used in this
paragraph, "performing arts facility" means an auditorium with more
than 300 permanent seats.
   (6) The alcoholic beverage is wine for sacramental or other
religious purposes and is used only during authorized religious
services held on or before January 1, 1995.
   (7) The alcoholic beverages are acquired, possessed, or used
during an event at a community center owned by a community services
district or a city and the event is not held at a time when students
are attending a public school-sponsored activity at the center.
   (8) The alcoholic beverage is wine that is acquired, possessed, or
used during an event sponsored by a community college district or an
organization operated for the benefit of the community college
district where the college district maintains both an instructional
program in viticulture on no less than five acres of land owned by
the district and an instructional program in enology, which includes
sales and marketing.
   (9) The alcoholic beverage is acquired, possessed, or used at a
professional minor league baseball game conducted at the stadium of a
community college located in a county with a population of less than
250,000 inhabitants, and the baseball game is conducted pursuant to
a contract between the community college district and a professional
sports organization.
   (10) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated stadium or other
facility. As used in this paragraph, "events" means fundraisers held
to benefit a nonprofit corporation that has obtained a license
pursuant to this division for the event. "Events" does not include
football games or other athletic contests sponsored by any college or
public community college. This paragraph shall not apply to any
public education facility in which any grade from kindergarten to
grade 12, inclusive, is schooled.
   (11) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license, permit, or authorization obtained under this
division, for an event held at an overnight retreat facility owned
and operated by a county office of education or a school district at
times when pupils are not on the grounds.
   (12) The grounds of the public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property that
has been developed and is used for residential facilities or housing
that is offered for rent, lease, or sale exclusively to faculty or
staff of a public school or community college.
   (13) The grounds of a public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property of a
community college that is leased, licensed, or otherwise provided for
use as a water conservation demonstration garden and community
passive recreation resource by a joint powers agency comprised of
public agencies, including the community college, and the event at
which the alcoholic beverage is acquired, possessed, used, or
consumed is conducted pursuant to a written policy adopted by the
governing body of the joint powers agency and no public funds are
used for the purchase or provision of the alcoholic beverage.
   (14) The alcoholic beverage is beer or wine acquired, possessed,
used, sold, or consumed only in connection with a course of
instruction, sponsored dinner, or meal demonstration given as part of
a culinary arts program at a campus of a California community
college and the person has been authorized to acquire, possess, use,
sell, or consume the beer or wine by the governing body or other
administrative head of the school.
   (15) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license or permit obtained under this division for
special events held at the facilities of a public community college
during the special event. As used in this paragraph, "special event"
means events that are held with the permission of the governing board
of the community college district that are festivals, shows, private
parties, concerts, theatrical productions, and other events held on
the premises of the public community college and for which the
principal attendees are members of the general public or invited
guests and not students of the public community college.
   (16) The alcoholic beverages are acquired, possessed, or used
during an event at a community college-owned facility in which any
grade from kindergarten to grade 12, inclusive, is schooled, if the
event is held at a time when students in any grades from kindergarten
to grade 12, inclusive, are not present at the facility. As used in
this paragraph, "events" include fundraisers held to benefit a
nonprofit corporation that has obtained a license pursuant to this
division for the event.
   (b) Any person convicted of a violation of this section shall, in
addition to the penalty imposed for the misdemeanor, be barred from
having or receiving any privilege of the use of public school
property which is accorded by Article 2 (commencing with Section
82537) of Chapter 8 of Part 49 of Division 7 of Title 3 the Education
Code.
  SEC. 4.  Section 3.5 of this bill incorporates amendments to
Section 25608 of the Business and Professions Code proposed by both
this bill and Assembly Bill 319. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2012, (2) each bill amends Section 25608 of the Business and
Professions Code, and (3) this bill is enacted after Assembly Bill
319, in which case Section 3 of this bill shall not become operative.

  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.