BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 120|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: SB 120
Author: Roth (D)
Amended: As introduced
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 11-0, 4/9/13
AYES: Wright, Nielsen, Berryhill, Calderon, Cannella, Correa,
De León, Galgiani, Hernandez, Lieu, Padilla
SUBJECT : Alcoholic beverages
SOURCE : City of Riverside
DIGEST : This bill 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.
ANALYSIS :
Existing law:
1. Prohibits the sale of alcoholic beverages near certain
institutions and provides for numerous exceptions.
2. 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
CONTINUED
SB 120
Page
2
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 Alcohol Beverage Control (ABD). 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.
3. 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.
This bill 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.
Comments
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 SB 557 (Chapter 740, Statutes of 1967), at the
request of La Sierra University, to include the campus within an
existing alcohol dry zone. Since adoption of the alcohol 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.
CONTINUED
SB 120
Page
3
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 violates
existing state law.
The author's office emphasizes that this bill 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 this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/9/13)
City of Riverside (source)
ARGUMENTS IN SUPPORT : The sponsor of this bill, 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.
MW:d 4/10/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED