BILL ANALYSIS Ó
SB 120
Page 1
SENATE THIRD READING
SB 120 (Roth)
As Introduced January 17, 2013
2/3 vote. Urgency
SENATE VOTE :36-0
GOVERNMENTAL ORGANIZATION 15-0
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|Ayes:|Hall, Nestande, Bigelow, | | |
| |Campos, Chesbro, Cooley, | | |
| |Gray, Hagman, Roger | | |
| |Hernández, Jones, | | |
| |Jones-Sawyer, Medina, Perea, | | |
| |V. Manuel Pérez, Salas | | |
| | | | |
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SUMMARY : 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. Specifically, this bill :
1)Provides that it is a misdemeanor to sell, or expose for sale,
any intoxicating liquor within one-half mile (rather than one
mile) by air line from the intersection of Sierra Vista,
Pierce, and Campus Drive streets at the entrance to La Sierra
College in the City of Riverside. The provisions of bill will
continue to allow for the sale of ale, porter, wine, similar
fermented malt or vinous liquor or fruit juice, as defined and
the offering for sale of beer.
2)Declares that the bill will take effect immediately upon
enactment.
EXISTING LAW :
1)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.
2)Prohibits the sale of alcoholic beverages near certain
institutions (e.g., state prisons, youth authority facilities,
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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.
3)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.
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.
4)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.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Purpose of the bill : 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 (UC) 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 California State University System
(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
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campus within an existing alcohol dry zone (Penal Code Section
172g). 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.
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 this bill.
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 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 only granted Marin and Stanislaus
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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 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 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.
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.
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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: 1) at events sponsored by Napa Community
College (currently known as Napa Valley College) which has an
instructional program on viticulture and enology; and, 2) 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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001165