BILL ANALYSIS
Bill No: AB
1643
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1643 Author: Smyth
As Amended: May 12, 2010
Hearing Date: June 9, 2010
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 1643 is an urgency measure that creates a new exception
in the Alcoholic Beverage Control (ABC) Act with respect to
the prohibition against the possession, consumption and
sale of alcoholic beverages in any public school (K-14) or
any grounds thereof. Specifically, this measure:
1. Permits alcoholic beverages to be acquired, possessed,
or used during events held at a community college-owned
facility used to school K-12 students, if the event is
held at a time when students in any grades from K-12 are
not present at the facility.
2. Defines "events" to include fundraisers held to benefit
a nonprofit that has obtained an appropriate ABC license
for the event.
3. Contains a chaptering out provision incorporating the
provisions of this measure and AB 1860 of 2010 - Tom
Berryhill, referenced in "related legislation" listed
below.
4. Makes other minor technical code maintenance changes.
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
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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.
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
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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
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 (K-14) and provides various exceptions to
this prohibition.
Purpose of AB 1643: According to the author's office, the
College of the Canyons, located in the Santa Clarita
Valley, has completed 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
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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/RELATED LEGISLATION
AB 1860 (Tom Berryhill) 2009-10 Session. Would allow any
county office of education or school district in the state
that owns and operates an overnight retreat facility to
have an event at the overnight retreat facility where
alcoholic beverages can be possessed, consumed or sold,
provided the event is held during weekends or at times when
pupils are not on the grounds. Under current law only
Marin and Stanislaus have this authority. (Pending in this
Committee)
AB 1748 (Hill) 2009-10 Session. Would expand an existing
exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned
school property (K-14) applicable to special events
held at a community college in a county of the first class
(Los Angeles) and in a county of the fourth class (Alameda)
to also include a community college located in a county of
the 10th class (San Mateo). (Pending in this Committee)
AB 888 (Price) 2009-10 Session. Would have added a new
provision to the ABC Act prohibiting 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. (Vetoed by Governor on the basis
that existing law already allows local government the
ability to enact ordinances to restrict or prohibit the
possession or consumption of alcohol in public areas.)
AB 1448 (Tom Berryhill) Chapter 399, Statutes of 2009.
Authorized 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.
AB 172 (Smyth) Chapter 398, Statutes of 2009. Similar to
AB 1643 (Smyth) of 2010. (AB 1448 - Tom Berryhill Chapter
399 of 2009 inadvertently chaptered out AB 172)
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SUPPORT: College of the Canyons
OPPOSE: None on file as of June 4, 2010.
FISCAL COMMITTEE: No.
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