BILL ANALYSIS
AB 172
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 172 (Smyth)
As Amended September 10, 2009
Majority vote
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|ASSEMBLY: |75-0 |(September 1, |SENATE: |31-0 |(September 11, |
| | |2009) | | |2009) |
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Original Committee Reference: G.O.
SUMMARY : Allows public colleges to serve alcoholic beverages
during fundraisers in college facilities that are used to
support school K-12 students, if the event is held at a time
when students are not present at the facility. Specifically,
this bill :
1)Provide 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 community college-owned
facility in which any grade from kindergarten to grade 12,
inclusive, is schooled, if the event is held at a time when
students are not present at the facility.
2)Provides that "events" include fundraisers held to benefit a
nonprofit corporation that has obtained a license to serve,
etc., such alcoholic beverages at said event.
The Senate amendments :
1)Clarify and correct a drafting issue.
2)Specify that the fundraiser may occur at the community
college-owned facility in which any grade from kindergarten to
grade 12, is schooled, if the event is held at a time when
students are not present at the facility.
3)Add language to avoid a chaptering problem with AB 1448
(Berryhill)
4)Make technical changes to existing law.
EXISTING LAW :
AB 172
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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.).
AS PASSED BY THE ASSEMBLY , this bill removed 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 ABC's existing resources.
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, 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
AB 172
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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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0003192