BILL ANALYSIS Ó SB 339 Page 1 Date of Hearing: July 6, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair SB 339 (Wolk) - As Amended: May 23, 2011 Policy Committee: Governmental Organization Vote: 17 - 0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill adds cooking schools to the definition of "bona fide eating places" for the purpose of allowing the school to obtain an on-sale beer and wine license. In addition, this bill permits alcoholic beverages to be possessed, sold or used during an event held at a community center owned by a city located on public school grounds, if the event is held when students are not present at the facility. FISCAL EFFECT Any costs associated with this legislation would be minor and absorbable within the Department of Alcoholic Beverage Control's (ABC) existing resources. COMMENTS 1)Current Law . The Alcoholic Beverage Control Act contains provisions for various types of licenses that permit licensees to furnish alcoholic beverages under certain circumstances. An eating establishment must be considered a "bona fide eating place" to obtain a license to sell beer and wine for consumption on or off the premises where sold. Currently, a cooking school that operates for the purpose of teaching its students to prepare meals, and often provides students the opportunity to consume the meals prepared on site, does not meet the requirements for a "bona fide public eating place" and thus is unable to obtain a license from the ABC to include wine pairings with cooking classes. 2)Rationale . According to the author's office, allowing cooking SB 339 Page 2 schools to serve beer and alcohol with prepared meals enables the schools to present complete meal options, including wine pairings, to students, thus enriching the learning experience. 3)Related Legislation . AB 319 (Norby) permits the sale and consumption of alcohol on all community college campuses during special events that are held with the permission of the governing board of the community college district. That bill is currently pending in the Senate Governmental Organization Committee. 4)Chaptering Problem . Both SB 339 (Wolk) and AB 319 (Norby) seek to amend Business and Professions Code section 25608. Unless chaptering language is included in these bills, one of them will be chaptered out if both bills are eventually signed by the governor. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081