BILL ANALYSIS
Bill No: AB
172
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 172 Author: Smyth
As Introduced: January 29, 2009
Hearing Date: July 8, 2009
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 172 permits nonprofit organizations to serve and sell
alcoholic beverages during a fundraising event held at a
college facility used to school K-12 students, if the event
is held at a time when children are not present at the
facility.
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
the era of Prohibition. Accordingly, states were granted
the authority to establish alcoholic beverage laws and
administrative structures to regulate the sale and
distribution of alcoholic beverages.
Existing law 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.
The ABC Act generally 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
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centers, stadiums, etc.)
Over the years, numerous legislative exceptions have been
granted to school districts to allow for the possession and
use of alcoholic beverages on community college school
grounds. For example:
AB 3071 (Governmental Organization Committee),
Chapter 508/2008, 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.
SB 1486 (Hollingsworth), Chapter 72/2006,
authorized alcoholic beverages to be served and
consumed on the grounds of the Water Conservation
Demonstration Garden on the campus of Cuyamaca College
in Rancho San Diego.
SB 220 (Chesbro), Chapter 203/2005, 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 204/2005, 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 90/1997, 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 238/1993, authorized the
possession and use of alcoholic beverages on public
school grounds as follows: (a) at events sponsored by
Napa Community College (currently known as Napa Valley
College) which has an instructional program on
viticulture and enology; and, (b) at a professional
minor league baseball game conducted at the stadium of
a community college (Butte Community College) located
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in a county with a population of less than 2500,000
inhabitants.
BACKGROUND
As noted above, current law prohibits the sale, possession
or consumption of alcoholic beverages on the grounds of a
public school. Current law provides various exceptions to
this prohibition including one applicable to nonprofit
fundraising events held at a college-owned or
college-operated stadium or other facility. The law
however makes it explicit that this particular exception
does not apply to any public education facility in which
any grade from kindergarten to grade 12, inclusive, is
schooled. AB 172 would essentially delete this existing
prohibition to allow nonprofit organizations to serve and
sell alcoholic beverages during fundraising events held at
a time when children are not present at the stadium or
other facility.
Purpose of AB 172: According to the author's office, 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 purposes for the
campus. A portion of the first floor of the University
Center facility 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.
The author's office notes that current law prohibits
alcohol service in any facility that is also occupied by
K-12 students. Given that the conference center (3rd
floor) 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 measure seeks to
revise the law to allow alcohol service in the University
Center facility when high school students are not present.
The author's office emphasizes that without such a change,
College of the Canyons will be unable to utilize this new
facility to its maximum potential. Furthermore, the
author's office points out that events scheduled to be held
in the new facility will provide valuable contributions to
both the school and the surrounding community, as they
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often raise money for a variety of community activities.
RELATED LEGISLATION
AB 59 (Jeffries) 2009-10 Session. Would provide that, if a
military identification card lacks a physical description,
but does include date of birth and photo, further proof of
majority shall not be required to purchase or consume any
alcoholic beverage, as specified. (Pending in Senate
Appropriations)
AB 888 (Price) 2009-10 Session. Would add a new provision
to the ABC Act that prohibits an individual from possessing
or consuming an open alcoholic beverage container on city
and county streets, alleys, and sidewalks within 600 feet
of a public or private school, with specified exceptions.
(Pending in Senate Appropriations)
AB 1191 (Conway) 2009-10 Session. Would allow licensees
selling alcoholic beverages to accept U.S. passports and
foreign passports as proof of age. (Pending on Senate
floor)
AB 1448 (Berryhill) 2009-10 Session. Would authorize 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. (Pending in this committee)
SUPPORT: As of July 3, 2009:
College of the Canyons
California Beer and Beverage Distributors
OPPOSE: None on file as of July 3, 2009.
FISCAL COMMITTEE: Senate Appropriations Committee
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