BILL ANALYSIS
AB 172
Page 1
Date of Hearing: April 30, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 172 (Smyth) - As Introduced: January 29, 2009
SUBJECT : Alcohol beverages: places of consumption.
SUMMARY : Allows public colleges to serve alcoholic beverages
during events (non-profit fundraisers) at college facilities,
which are used to school K-12 students, if the event is held at
a time when children are not present at the facility.
Specifically, this bill :
1) Provides that the prohibition against the sale or
consumption of alcoholic beverages on the grounds of a
public schoolhouse does not apply if the alcoholic
beverages are acquired, possessed, or used during events at
a public education facility in which any grade from
kindergarten to grade 12, inclusive, is schooled, if the
event is held at a time when children are not present at
the stadium or other facility.
2) Makes technical changes to existing law.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it exclusive authority to administer the provisions
of the Alcoholic Beverage Control Act in accordance with laws
enacted by the Legislature.
2)Prohibits, with specified exceptions, the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof. Existing law provides
various exceptions to this general prohibition at specified
venues (e.g., performing arts centers, stadiums, etc.).
FISCAL EFFECT : Unknown
COMMENTS :
Existing law 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,
AB 172
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numerous legislative exceptions have been granted to school
districts to allow for the possession and use of alcoholic
beverages on school grounds. These include instances where a
qualified community college district conducts viticulture
instructional programs or, in the case of one exception,
permitting the consumption of alcohol in conjunction with a
professional minor league baseball program at a community
college stadium or culinary arts programs at California
Community Colleges.
The above-mentioned exceptions were narrowly drafted and done to
address specific instances of alcohol consumption at an event
held on the grounds of a community college.
Purpose of the bill . According to the author, the College of
the Canyons, located in the Santa Clarita Valley, is completing
construction of a new University Center facility to serve a
variety of functions for the campus. The community college
plans to use the top floor of the facility as a conference and
meeting center. Part of that plan includes alcohol service in
support of designated events. Current law allows alcohol to be
served on a community college campus, provided there is some
benefit given back to its students for educational programming.
In order to meet the requirements of current law, any event
hosted by the College of the Canyons where alcohol is served
will induce a contribution to the College of the Canyons
Foundation.
The author further notes, that current law also prohibits
alcohol service in any facility that is also occupied by K-12
students. At the College of the Canyons, a portion of the first
floor of the University Center building will house the Academy
of the Canyons (11th and 12th grades) and Early College High
School (9th through 12th grades). Given that the conference
center will be used after school hours and will be located on a
different floor than the two schools, with no direct access by
high school students, this bill seeks to revise the law to allow
alcohol service in the facility when high school students are
not present. Without such a change, College of the Canyons will
be unable to utilize this new facility to its maximum potential.
Furthermore, the events that would be held in the new facility
will provide valuable contributions to both the school and the
surrounding community, as they often raise money for a variety
of community activities.
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Related legislation . SB 888 (Price) of 2009, prohibits, as an
infraction, the possession of an alcoholic beverage container,
or consumption of an alcoholic beverage, on a public street,
alley, or sidewalk within 600 feet of the property line of a
public or private school (K-12), with specified exceptions.
Prior legislation . AB 3071 (Governmental Organization
Committee), Chapter 508, Statutes of 2008. Expanded an
exception to the general prohibition against the consumption of
alcoholic beverages on publicly owned school property (K-14) for
"special events" held at community colleges in a County of the
first class (Los Angeles County) to also include events held at
a community college in the County of the fourth class (Alameda
County), as defined.
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.
AB 767 (Mullin), Chapter 204, Statutes of 2005. Provides that
the prohibition against the sale or consumption of alcoholic
beverage on the grounds of a public schoolhouse does not apply
if the grounds on which the alcoholic beverage is acquired,
possessed, used, or consumed is property that has been developed
and is used for residential facilities or housing that is
offered for rent, lease, or sale exclusively to faculty or staff
of a public school or community college district.
SB 220 (Chesbro), Chapter 203, Statutes of 2005. Exempt from
the prohibition wine produced by a bonded winery owned or
operated as part of an instructional program in viticulture and
enology.
AB 2416 (Governmental Organization Committee), Chapter 639,
Statutes of 1998, authorized the consumption of alcohol at
fund-raisers held at facilities of the California Community
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Colleges, who were interested in obtaining a more general
authorization allowing college foundations or other auxiliary
nonprofit organizations to use their facilities for ABC approved
events. Additionally, this bill authorized county offices of
education in a county of the 18th class to allow alcohol on its
grounds. This change was for the Marin County Office of
Education, which has an overnight retreat facility available for
events held during the weekend or at other times when pupils are
not on the grounds.
SB 572 (Maddy), Chapter 90, Statutes of 1997, authorizes the
possession and use of alcoholic beverages during non-profit
fundraising events held at college-owned or operated stadiums
with a capacity of over 18,900 in a county of the 14th
class.
REGISTERED SUPPORT / OPPOSITION :
Support
California Beer and Beverage Distributors
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531