BILL ANALYSIS
AB 172
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 172 (Smyth) - As Introduced: January 29, 2009
Policy Committee: Governmental
Organization Vote: 15 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill removes the prohibition against serving alcohol at a
public kindergarten through 12th grade 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.
FISCAL EFFECT
Any costs associated with this legislation would be minor and
absorbable within the Department of Alcoholic Beverage Control's
existing resources.
COMMENTS
1)Existing Law . Existing law generally prohibits, with specified
exceptions, the possession, consumption and sale of alcoholic
beverages on the grounds of any public school (K-14). 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. 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
AB 172
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event held on the grounds of a community college.
2)Purpose . 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. At the college, 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). 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.
3)Related Legislation . AB 1448 (Tom Berryhill) authorizes 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. That bill is currently pending before this committee.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081