BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2073|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 2073
Author: Bigelow (R)
Amended: 4/22/14 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 6/24/14
AYES: Correa, Berryhill, Cannella, De León, Galgiani,
Hernandez, Lieu, Padilla, Torres, Vidak
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Alcoholic beverages: public schoolhouses
SOURCE : Author
DIGEST : This bill creates a new exception in the Alcoholic
Beverage Control Act (ABC Act) with respect to the prohibition
against the possession, consumption and sale of alcoholic
beverages in any public school (K-14) or any grounds thereof.
ANALYSIS : 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. The ABC Act
generally prohibits, with specified exceptions, the possession,
consumption and sale of alcoholic beverages in any public school
(K-14) or any grounds thereof.
CONTINUED
AB 2073
Page
2
This bill creates a new exception in the ABC Act with respect to
the prohibition against the possession, consumption and sale of
alcoholic beverages in any public school (K-14) or any grounds
thereof. Specifically, this bill:
1. Permits alcoholic beverages to be acquired, possessed, used,
or consumed pursuant to a license or permit obtained for
special events held at facilities owned and operated by an
educational agency, a county office of education,
superintendent of schools, school district, or community
college district at a time when pupils are not on the
grounds.
2. Provides that "facilities" include, but are not limited to,
office complexes, conference centers, or retreat facilities.
Background
Over the years, numerous legislative exceptions have been
granted to school districts to allow for the possession and use
of alcoholic beverages on community college school grounds:
AB 3071 (Assembly Governmental Organization Committee,
Chapter 508, Statutes of 2008) authorized the possession,
use, sale or consumption of alcoholic beverages in connection
with special events held at the facilities of a public
community college, located in Los Angeles County or Alameda
County. AB 1748 (Hill, Chapter 84, Statutes of 2010)
expanded this particular exception to include San Mateo
County.
SB 1486 (Hollingsworth, Chapter 72, Statutes of 2006)
authorized alcoholic beverages to be served and consumed on
the grounds of the Water Conservation Demonstration Garden on
the campus of Cuyamaca College in Rancho San Diego.
SB 220 (Chesbro, Chapter 203, Statutes of 2005) authorized
Napa Valley College to sell wine it produces as part of the
College's instructional program in viticulture and enology.
AB 767 (Mullin, Chapter 204, Statutes of 2005) authorized
the possession and consumption of alcoholic beverages in
residential facilities or housing offered for rent, lease, or
sale exclusively to faculty or staff of San Mateo Community
CONTINUED
AB 2073
Page
3
College.
SB 572 (Maddy, Chapter 90, Statutes of 1997) authorized the
possession and use of alcoholic beverages during nonprofit
fundraising events held at Memorial Stadium on the
Bakersfield College campus. "Events" does not include
football games or other athletic contests held at the
college.
SB 113 (Thompson, Chapter 238, Statutes of 1993) authorized
the possession and use of alcoholic beverages on public
school grounds at events sponsored by Napa Community College
(currently known as Napa Valley College) which has an
instructional program on viticulture and enology; and at a
professional minor league baseball game conducted at the
stadium of a community college (Butte Community College)
located in a county with a population of less than 250,000
inhabitants.
These exceptions were intended to generate additional revenue
for community colleges by licensing, permitting or leasing
college facilities for wedding receptions, bar mitzvahs and a
range of corporate, civic and cultural uses. Such events are
predicated on alcoholic beverage service.
Comments
The author's office points out that for the most part, under
existing law, facilities owned and operated by an educational
agency, a county office of education, superintendent of schools,
school district, or community college district cannot be rented
for community events (weddings, conferences, community service
club fundraisers, etc.) if alcoholic beverages will be served.
As a result, schools forego extra revenue that could be
generated from allowing various groups to rent out these
facilities when pupils are not on the grounds.
The author's office states that this bill expands the scope of
facilities on public school grounds that will be permitted to
serve alcoholic beverages by including conference centers,
office complexes, and retreat facilities owned and operated by
an educational institution. An ABC license or permit will be
required in addition to approval from the educational
institution and the events must be scheduled at a time when
CONTINUED
AB 2073
Page
4
pupils are not on the grounds.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/6/14)
Family Winemakers of California
Madera County Office of Education
ARGUMENTS IN SUPPORT : Family Winemakers of California writes
that this bill allows school entities that own an office
complex, conference center or retreat facilities on public
school grounds to rent out the space for community or private
events when students are not present and expands the except to
times other than just overnight. They state, "AB 2073 may
result in expanded sales for winemakers when events are held at
these school facilities."
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel Pérez, Vacancy
MW:k 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 2073
Page
5
CONTINUED