BILL NUMBER: AB 2187	CHAPTERED  09/11/00

	CHAPTER   381
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   JULY 6, 2000

INTRODUCED BY   Assembly Member Aanestad

                        FEBRUARY 23, 2000

   An act to amend Section 25620 of the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2187, Aanestad.  Alcoholic beverages:  local ordinances:  open
containers.
   Under the Alcoholic Beverage Control Act, any person possessing an
open container of an alcoholic beverage in any city or county park
area or adjacent public space, as specified, or any regional park or
recreation and park district, is guilty of an infraction if the city
or county has enacted an ordinance that prohibits the consumption of
alcoholic beverages in those areas, except as specified.
   This bill would refer to public space instead of adjacent public
space.  This bill would also condition the violation on the enactment
of an ordinance that prohibits the possession of those containers or
the consumption of alcoholic beverages in those areas.  This bill
would create an additional exception when an individual possesses a
container for recycling or other related activity.
   This bill would impose a state-mandated local program by expanding
the scope of an existing crime.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 25620 of the Business and Professions Code is
amended to read:
   25620.  (a) Any person possessing any can, bottle, or other
receptacle containing any alcoholic beverage that has been opened, or
a seal broken, or the contents of which have been partially removed,
in any city, county, or city and county owned park or other city,
county, or city and county owned public place, or any recreation and
park district, or any regional park or open-space district shall be
guilty of an infraction if the city, county, or city and county has
enacted an  ordinance that prohibits the possession of those
containers in those areas or the consumption of alcoholic beverages
in those areas.
   (b) This section does not apply where the possession is within
premises located in a park or other public place for which a license
has been issued pursuant to this division.
   (c) This section does not apply when an individual is in
possession of an alcoholic beverage container for the purpose of
recycling or other related activity.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.