BILL ANALYSIS
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THIRD READING
Bill No: AB 172
Author: Smyth (R)
Amended: 8/19/09 in Senate
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 11-0, 7/8/09
AYES: Wright, Harman, Benoit, Calderon, Denham, Florez,
Negrete McLeod, Padilla, Price, Wyland, Yee
NO VOTE RECORDED: Oropeza, Wiggins
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 5/21/09 (Consent) - See last page
for vote
SUBJECT : Alcohol beverages: places of consumption
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS : Existing law establishes the Department of
Alcoholic Beverage Control and grants it exclusive
authority to administer the provisions of the Alcoholic
Beverage Control (ABC) Act in accordance with laws enacted
by the Legislature.
CONTINUED
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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
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.
This bill 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.
NOTE: Please refer to the Senate Governmental
Organization Committee analysis for prior
legislation.
Comments
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
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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 bill 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
often raise money for a variety of community activities.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/09)
California Beer and Beverage Distributors
College of the Canyons
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Fuentes, Nava, Saldana
TSM:mw 8/19/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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