BILL ANALYSIS Ó
Bill No: SB
120
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2013-2014 Regular Session
Staff Analysis
SB 120 Author: Roth
As Introduced: January 17, 2013
Hearing Date: April 9, 2013
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
SB 120, an urgency measure , reduces the distance of the
existing alcohol sales exclusion zone in proximity to La
Sierra College (currently known as La Sierra University),
in the City of Riverside, from one mile to one-half mile.
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Constitution in 1933 repealed the 18th Amendment and ended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 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.
Existing law (Penal Code Section 172, et seq) prohibits the
sale of alcoholic beverages near certain institutions
(e.g., state prisons, youth authority facilities, public
and private universities and colleges, or within the State
Capitol and any building actually occupied as a home,
retreat, or asylum for former military personnel) and
provides for numerous exceptions.
SB 120 (Roth) continued
Page 2
Existing law (Penal Code Section 172g) makes it a
misdemeanor to sell, or expose for sale, any intoxicating
liquor within one mile of the entrance to La Sierra College
in the City of Riverside. This prohibition also applies to
within one mile of the grounds or campus of Loma Linda
University in the County of San Bernardino or within one
mile of the grounds of the University of Santa Clara in the
City of Santa Clara. This liquor prohibition does not
apply to ale, porter, wine or beer, as specified.
Additionally, the law does not apply to a "bona fide"
eating place by the holder of an on-sale general alcoholic
beverage license or an on-sale beer and wine license issued
by the Department of ABC. Furthermore, the law provides
that a person who violates this provision is subject to a
fine of not less than $100, imprisonment in jail of not
less than 50 days nor more than one year, or both that fine
and imprisonment.
Existing Law (Business & Professions Code Section 25608)
generally prohibits, with specified exceptions, the
possession, consumption and sale of alcoholic beverages in
any public school (K-14) or any grounds thereof. Over the
years, numerous legislative exceptions have been granted to
school districts to allow for the possession and use of
alcoholic beverages on school grounds. (See prior
legislation below.)
BACKGROUND
Purpose of SB 120: The author's office notes that Penal
Code Section 172 was enacted in 1872 for the purpose of
prohibiting the sale of alcoholic beverages in proximity to
prisons, youth authorities, the University of California
and other such facilities. The author's office also points
out that in the many years since the statute's enactment it
has been amended to include additional UC and CSUS
campuses, as well as private colleges and universities. A
number of exemptions to the prohibition of alcohol sales
around the specified institutions have also been enacted.
The author's office indicates that in 1967, Senator Gordon
Cologne, authored legislation (SB 557), at the request of
La Sierra University, run by Seventh-day Adventists, to
include the campus within an existing alcohol dry zone
(Penal Code Section 172g). Since adoption of the alcohol
SB 120 (Roth) continued
Page 3
sales ban around the boundaries of La Sierra University,
the affected area has dramatically changed and is no longer
rural - it is now zoned residential and business.
According to the author's office, in 2006, the City of
Riverside reached an agreement with a development company
to develop new shops and restaurants in the aging Five
Points neighborhood which is in close proximity to the
campus. The city has also spent several million dollars in
road improvements to prepare for the new development. The
author's office contends that because of the existing ban
on the sale of alcoholic beverage products within a
one-mile radius around La Sierra University locating
certain businesses that desire to sell alcohol would
violate existing state law.
The author's office emphasizes that this measure simply
reduces the existing exclusion zone around the university
by a half-mile to help facilitate the proposed new business
development. Additionally, the author's office claims that
the University, which sponsored the 1967 measure creating
the dry zone, has no position on SB 120.
The sponsor of this measure, the City of Riverside, states
that negotiations are underway with a major grocery store
chain and other business entities; however, the ability to
sell alcoholic beverages is critical to their business
models and necessary for them if they are to occupy spaces
in the planned development.
PRIOR/RELATED LEGISLATION
SB 339 (Wolk), Chapter 702, Statutes of 2011. Among other
things, authorized 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, as specified.
AB 1860 (Tom Berryhill), Chapter 239, Statutes of 2010.
Allowed any county office of education or school district
in the state that owns and operates an overnight retreat
facility to have an event at the overnight retreat facility
where alcoholic beverages can be possessed, consumed or
sold, provided the event is held during weekends or at
times when pupils are not on the grounds. Existing law had
SB 120 (Roth) continued
Page 4
only granted Marin and Stanislaus Counties such authority.
AB 1748 (Hill), Chapter 84, Statutes of 2010. Expanded an
existing exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned
school property (K-14) applicable to special events
held at a community college in a county of the first class
(Los Angeles) and in a county of the fourth class (Alameda)
to also include a community college located in a county of
the 10th class (San Mateo).
AB 888 (Price) 2009-10 Session. Would have added a new
provision to the ABC Act prohibiting an individual from
possessing or consuming an open alcoholic beverage
container on city and county streets, alleys, and sidewalks
within 600 feet of a public or private school, with
specified exceptions. (Vetoed by Governor on the basis
that existing law already allows local government the
ability to enact ordinances to restrict or prohibit the
possession or consumption of alcohol in public areas.)
AB 1643 (Smyth), Chapter 79, Statutes of 2010. Removed the
prohibition against serving alcohol at a public
kindergarten K-12 school housed on the campus of a college,
as long as the event is held at a time when children are
not present. In addition, the only allowable events at
which alcohol can be served in this instance are
fundraisers held to benefit a nonprofit corporation.
AB 1448 (Tom Berryhill) Chapter 399, Statutes of 2009.
Authorized the possession, consumption, or sale of
alcoholic beverages for an event during the weekend or at
other times when pupils are not on the grounds of an
overnight retreat facility owned and operated by the County
Office of Education in Stanislaus County.
AB 172 (Smyth) Chapter 398, Statutes of 2009. Similar to
AB 1643 (Smyth) of 2010. (AB 1448 - Tom Berryhill Chapter
399 of 2009 inadvertently chaptered out AB 172)
AB 3071 (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.
SB 120 (Roth) continued
Page 5
AB 1598 (Price), Chapter 149, Statutes of 2007. Created a
new exception to the existing prohibition against the sale
or consumption of alcoholic beverages on the grounds of a
public school to enable culinary arts programs at a campus
of a California Community College to buy, use, sell or
consume wine or beer only in connection with a sponsored
dinner, course of instruction, or meal demonstration.
SB 1486 (Hollingsworth), Chapter 72, Statutes of 2006.
Authorized alcoholic beverages to be served and consumed on
the grounds of the "Water Conservation Garden" located 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 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 as follows: (a) at events sponsored
by Napa Community College (currently known as Napa Valley
College) which has an instructional program on viticulture
and enology; and, (b) 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.
AB 4029 (Lancaster), Chapter 1240, Statutes of 1984.
Deleted La Verne College from the list of educational
institutions subject to the one-mile alcoholic beverage
sales prohibition.
SB 120 (Roth) continued
Page 6
SUPPORT: As of April 5, 2013:
City of Riverside (sponsor)
OPPOSE: None on file as of April 5, 2013.
FISCAL COMMITTEE: No.
**********