BILL ANALYSIS
AB 1643
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Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 1643 (Smyth) - As Introduced: January 12, 2010
SUBJECT : Alcohol beverages: places of consumption.
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)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 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.
3)Makes technical changes to existing law.
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 :
AB 1643
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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 : This bill is identical to AB 172 (Smyth),
Chapter 398, Statutes of 2009. That bill was signed by the
Governor but was chaptered out by AB 1448 (T. Berryhill),
Chapter 399, Statutes of 2009. This bill has been
reintroduced by the author to address the chaptering problem.
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 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
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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.
Prior legislation : AB 172 (Smyth), Chapter 398, Statutes of
2009. Allowed 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.
REGISTERED SUPPORT / OPPOSITION :
Support
College of the Canyons
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531