BILL ANALYSIS Ó
AB 1989
Page 1
Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 1989 (Chesbro) - As Amended May 1, 2014
SUBJECT : Underage drinkers: students in winemaking and brewery
science programs.
SUMMARY : Allows students between the ages of 18 to 21,
enrolled in winemaking and brewery science programs at the
University of California, the California State University, and
the California Community Colleges, to receive an exemption from
current state age restrictions in order to fully participate in
bona fide classes and programs where tasting of wine or beer is
a necessary aspect of the class or program. Specifically, this
bill :
1) Allows a "qualified student" to taste an alcoholic beverage
and exempt the student and the "qualified academic institution"
in which the student is enrolled from criminal prosecution, as
described:
2) Provides that a qualified student may taste an alcoholic
beverage, and both the student and the qualified academic
institution in which the student is enrolled shall not be
subject to criminal prosecution, as defined, if all of the
following criteria are met:
(1) The qualified student tastes the alcoholic beverage
while enrolled in a qualified academic institution.
(2) The qualified academic institution has established an
Associate's degree or
Bachelor's degree program in enology or brewing that is designed
to train industry
professionals in the production of wine or beer.
(3) The qualified student tastes the alcoholic beverage for
educational purposes as part of the instruction in a course
required for an Associate's degree or Bachelor's degree.
(4) The alcoholic beverage remains in the control of an
authorized instructor of the qualified academic institution who
is at least 21 years of age.
3) Defines "Qualified academic institution" as a public college
or university accredited by a commission recognized by the
AB 1989
Page 2
United States Department of Education.
4) Defines "Qualified student" as a student enrolled in a
qualified academic institution who is at least 18 years of age.
5) Defines "Taste" as to draw an alcoholic beverage into the
mouth, but does not include swallowing or otherwise consuming
the alcoholic beverage.
EXISTING LAW :
1) Establishes the Department of Alcoholic Beverage Control
(ABC) and grants it the exclusive authority to administer the
provisions of the Alcoholic Beverage Control Act (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) Provides that any person under 21 years of age who purchases
any alcoholic beverage, who consumes any alcoholic beverage in
any on-sale premises, or who possesses any alcoholic beverage on
any street or highway or in any public place or any place open
to the public is guilty of a misdemeanor.
3) Provides that every person who sells, furnishes, gives, or
causes to be sold, furnished, or given away any alcoholic
beverage to any person under 21 years of age is guilty of a
misdemeanor.
FISCAL EFFECT : This bill is keyed fiscal by Legislative
Counsel.
COMMENTS :
Background :
Current law does not permit underage students seeking an
Associate or Bachelor degree program in enology or brewing to
taste an alcoholic beverage during their required courses.
Business and Professions Code §25658 (a) stipulates that any
person who furnishes or gives any alcoholic beverage to a person
under the age of 21 years of age is guilty of a misdemeanor.
This section of current law prevents instructors from providing
AB 1989
Page 3
alcoholic beverage to underage students enrolled in their
courses that require tasting.
Business and Professions Code §25662 (a) notes that any person
under 21 years of age who has any alcoholic beverage in his or
her possession in any place open to the public is guilty of a
misdemeanor and shall be subject to penalty.
This bill would allow a "qualified student," as defined, while
enrolled in a "qualified academic institution" to taste (not
consume), as defined, an alcoholic beverage for educational
purposes as part of the instruction in a course required for an
Associate's degree or Bachelor's degree. In California, at
least seven public campuses offer bachelor or associate degrees
in viticulture and enology.
Twelve other states have amended their laws to allow viticulture
students in the winemaking and brewing fields to sample the
alcohol: New York, North Carolina, New Jersey, Vermont, Rhode
Island, North Carolina, South Carolina, Illinois, Michigan,
Colorado, Missouri, Florida, and Washington.
Purpose of the bill : According to the author, California is a
leader in wine production on a global scale - accounting for
more than 90 percent of all wine U.S. produced in the United
States wine, and the 4th largest producer in the world after
France, Italy and Spain. California is also fortunate to
possess a robust array of beer makers - both large and small.
In both instances, their products are made with the help of
California college and university graduates who, in many cases,
diligently complete the bulk of their career training in beer or
wine production prior to reaching the age of 21.
The author points out, postsecondary students under the age of
21, enrolled in beer and winemaking programs within California's
public institutions of higher education are precluded from fully
participating in the production and sensory evaluation portions
of their academic programs until near the end of their academic
studies or, in some cases, not at all. This delay significantly
alters the timeline of their coursework and prevents them from
fully participating in internship opportunities that require an
understanding of beverage production that only tasting provides.
This bill would allow students enrolled in enology or brewmaster
programs at UC, CSU and community colleges to fully participate
AB 1989
Page 4
in bona fide classes and programs where tasting of wine or beer
is a necessary aspect of the class or program. The students
enrolled in these programs are entering the beer and wine
industries in large percentages, and this exemption will allow
students to receive the best advantage and preparation from
their training.
The author points out that in order to further restrain the
application of the bill - and protect the basic policy
underpinnings of the existing minimum drinking age - the current
language of the bill states:
1) The new law only applies to students aged 18-20;
2) The bill only allows for "tasting", not consuming; and
3) The bill only applies to tasting that occurs in a course
required for an associates or bachelor's degree at an accredited
public college or university in California.
The author further points out that states such as Oregon and
Washington have passed similar legislation and this measure will
help to ensure that our graduates remain competitive within
California's thriving wine and beer industries.
In support : The University of California, states, "For over 100
years the UC has maintained an active and productive program in
research and education in viticulture and enology. The
continuing excellence of UC's program has enabled California
growers and vintners to develop practices that have allowed
California to become a premier wine-producing region. In
addition to viticulture and enology, UC's brewing science
programs prepare students for careers in production and quality
assurance within the brewing industry. The sensory skills that
come from tasting wine and beer specimens are critical to a full
understanding of the science being advanced in classes, and thus
students are at an educational disadvantage compared to others
in states that allow such tasting." This bill is not intended
to include students from other majors taking electives in these
enology/brewery programs.
The California State University states, this bill will allow for
improved four-year graduation rates for our wine and viticulture
majors. Currently, classes that require tasting are only
offered in the senior year for students who are at least
21-years old. Some CSU students complete all of their major
requirements except the sensory analysis and winemaking classes
AB 1989
Page 5
before they turn 21, requiring these students to return for a
fifth year of study to complete their undergraduate degrees.
REGISTERED SUPPORT / OPPOSITION :
Support
Associated Students of the University of California, Davis
California State University
Community College League of California
Family Winemakers of California.
Napa Valley College
University of California
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531