BILL ANALYSIS
AB 1448
Page 1
Date of Hearing: April 30, 2009
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Curren Price, Chairman
AB 1448 (Tom Berryhill) - As Amended: April 13, 2009
SUBJECT : Alcoholic beverage control: public schoolhouses.
SUMMARY : 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. Specifically, this bill :
1)Provides the prohibition relating to the possession,
consumption and sale of alcoholic beverages in any public
school (K-14) or any grounds thereof shall not apply 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 a county office of education in a county of the
20th class.
2)Makes legislative findings and declarations regarding the
necessity of a special statute.
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 :
This bill creates a limited exception to the ABC Act that
generally prohibits the sale or consumption of alcoholic
beverages on the grounds of a public schoolhouse so that
AB 1448
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alcoholic beverages could be possessed, consumed, or sold at
"special events" held on the grounds of an overnight retreat
facility owned and operated by a county office of education in a
county of the 20th class (Stanislaus County).
The author states this exception is intended to help solve a
problem for the Stanislaus County Office of Education (SCOE),
which operates Foothill Horizons, an outdoor school that serves
over 6,000 elementary students each year. Existing law
prohibits SCOE from serving alcohol during a non-student
activity on the schools campus. AB 1448 will allow SCOE to
lease their facilities for a range of corporate, civic and
cultural uses.
According to the author, Foothill Horizons is expensive to
maintain; it is supported in part by fees paid by parents,
schools and SCOE. Because of funding cuts to school districts,
many are finding it increasingly difficult to continue sending
students. If the program loses students, costs will rise. This
bill will help generate much needed revenue from facility
rentals and special events.
Background . The Stanislaus County Office of Education (SCOE)
operates Foothill Horizons, an Outdoor School that serves over
6,000 elementary students each year. The 2-5 day program at
Foothill Horizons is correlated to the California State Science
Standards and is designed to give the students first-hand
experiences in discovering the outdoor world. It is also
intended to excite and motivate students for further
investigations after leaving the Center.
Foothill Horizons is located at the base of the Sierra Nevada
Mountains at approximately 2500'. The school sits on 143 acres.
Foothill Horizons has several individual rooms that can be used
for meetings or activities. The dining hall will hold up to 250
people and food service is available. Dormitories on the
grounds can sleep up to 200 guests.
In support . The Stanislaus County Office of Education (SCOE)
states this bill will allow additional revenue opportunities to
offset the cost of maintaining the Outdoor Education program and
keep fees affordable for school districts and families. During
days and weekends when Foothill is not hosting students, the
public would have access to a unique center for weddings, family
reunions and organizational events. The money generated from
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these rentals would directly benefit the program. SCOE believes
this bill will be beneficial because not only will it keep costs
down for students but will provide a usable venue for the
public.
Related legislation . AB 172 (Smyth) of 2008, 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.
(Pending in Assembly G.O. Committee)
Prior legislation . AB 3071 (Governmental Organization
Committee), Chapter 508, Statutes of 2008. Included a provision
that allows beer or wine to be possessed, used, sold, or
consumed in connection with "special events", as defined, held
at the facilities of a public community college in Los Angeles
and Alameda County.
AB 1598 (Price), Chapter 149, Statutes of 2007, added an
additional exception for culinary arts programs to be
able to acquire, possess, use, sell, or consume beer or wine for
a California Community College (CCC) campuses.
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, exempts 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
Colleges, who were interested in obtaining a more general
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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 nonprofit
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
Stanislaus County Office of Education
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531