BILL ANALYSIS Ó
Bill No: AB
1989
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 1989 Author: Chesbro
As Amended: May 1, 2014
Hearing Date: June 24, 2014
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages: students in winemaking and brewery
science programs
DESCRIPTION
AB 1989 creates a narrow exception to current Alcoholic
Beverage Control (ABC) Act provisions relating to
consumption or possession of alcoholic beverages by
underage persons by allowing students who are at least 18
years of age and enrolled in degree granting programs in
enology or brewing at accredited public postsecondary
educational institutions to taste , but not consume , an
alcoholic beverage for educational purposes as part of the
instruction in a course required for a degree.
Specifically, this measure:
1)Allows a "qualified student" to taste an alcoholic
beverage, and exempts the student and the "qualified
academic institution" in which the student is enrolled
from criminal prosecution under provisions of the ABC Act
if all of the following criteria are met:
a) The qualified student tastes the alcoholic beverage
while enrolled in a qualified academic institution;
b) 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;
AB 1989 (Chesbro) continued
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c) The qualified student "tastes and spits" the
alcoholic beverage for educational purposes as part of
the instruction in a course required for a degree.
d) The alcoholic beverage remains in the control of an
authorized instructor of the academic institution who
is at least 21 years of age.
2)Defines "qualified academic institution" as a public
college or university accredited by a commission
recognized by the U.S.
3)Defines "qualified student" as a student enrolled in a
qualified academic institution who is at least 18 years
of age.
4)Defines "taste" as drawing an alcoholic beverage into the
mouth, but does not include swallowing or otherwise
consuming the alcoholic beverage.
5)Makes it explicit that an ABC license or permit is not
required to be held by the academic institution provided
an extra fee or charge is not imposed for the alcoholic
beverages tasted.
6)Also, makes corresponding changes to existing provisions
of the ABC Act as well as code maintenance changes.
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 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 for this purpose.
The ABC Act provides that any person under 21 years of age
AB 1989 (Chesbro) continued
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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. In addition, the ABC Act 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.
BACKGROUND
Purpose of AB 1989: The author's office points out that
California is a leader in wine production on a global scale
- accounting for more than 90% of all U.S. wine produced.
California is also the 4th largest producer in the world
after France, Italy and Spain. When it comes to brewing,
California is equally fortunate to have a robust array of
beer makers - both large and small. In both instances,
many of these 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's office points out that due to current state
law which expressly forbids the furnishing of alcohol to a
person under 21 years of age, postsecondary students
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.
The author's office states that this measure would enable
students enrolled in enology or brewmaster programs at UC,
CSU and 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.
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The author's office emphasizes that California is not the
first state to consider such an exemption from legal-age
statutes. In fact, twelve states (Washington, Colorado,
Florida, Illinois, Michigan, Missouri, New Jersey, New
York, North Carolina, South Carolina, Rhode Island and
Vermont) have passed similar legislation addressing the
need for tasting in educational programs. The author's
office believes AB 1989 is a modest measure that ensures
California's students that are enrolled in enology or beer
brewing degree programs have the same educational
opportunities offered by neighboring states so that they
can compete in the thriving wine and beer industries.
Arguments in Support: Proponents recognize and respect the
delicate nature of this subject matter, and the need and
rationale for existing state law. Clearly, the intent of
this measure is to target students enrolled in
degree-granting programs at accredited California public
institutions only. It is not intended to include students
from other majors taking electives in these enology/brewery
programs. Proponents note that this measure contains
significant safeguards to prevent actual consumption of
wine or beer. "It merely allows a qualified student, in a
qualified course, with a qualified teacher, to taste wine
or beer - the sensory aspects of the wine or beer are the
focus of the bill."
SUPPORT: As of June 20, 2014:
California Association of Winegrape Growers
California Craft Brewers Association
California State University
Community College League of California
Family Winemakers of California
Napa Valley College
University of California
OPPOSE: None on file as of June 20, 2014.
FISCAL COMMITTEE: No.
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