BILL ANALYSIS
AB 1748
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 1748 (Hill) - As Introduced: February 8, 2010
SUBJECT : Alcoholic beverage control: public schoolhouses.
SUMMARY : Creates a new exception to the general prohibition
against the consumption of alcoholic beverages on publicly owned
school property by allowing alcoholic beverages to be possessed,
sold and consumed in connection with "special events" held at
the facilities of a public community college, located in a
county of the 10th class (San Mateo). Specifically, this bill :
1)Expands an exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned school
property (K-14) for 'special events" held at community
colleges in a County of the first class (Los Angeles County)
and in the County of the fourth class (Alameda County) to also
include a public community college located in a county of the
10th class (San Mateo).
2)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.).
3)Provides that the above-mentioned prohibition does not apply
if the alcoholic beverage is possessed, consumed, or sold,
pursuant to a license, for special events held at the
facilities of a public community college located in a county
of the 1st or 4th class.
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FISCAL EFFECT : Unknown.
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, current law has
been modified in the past to allow community colleges in certain
areas of the state to possess, consume, and sell alcohol
pursuant to a license for special events held at various campus
facilities. AB 1748 simply adds the San Mateo County Community
College District to this list of such approved entities.
This year the College of San Mateo (CSM), one of three colleges
within the District, will complete the renovation and expansion
of one of its main dining facilities -- The College Commons.
This facility will be able to seat as many as 400 people for
special events. The alcohol prohibition that currently applies
to District campuses would severely impact the ability of CSM to
utilize the College Commons most efficiently and effectively.
Proponents state that inclusion of this important provision into
current law will enable CSM to take full advantage of
opportunities to lease the facility for special events which in
turn, will make the maintenance of the facility less reliant on
state general funds. Proponents believe this is timely in light
of the state's current budget crisis.
Related legislation : AB 1643 (Smyth) of 2010, allows public
colleges to serve alcoholic beverages during fundraisers in
AB 1748
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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. (Pending in Assembly Appropriations).
AB 1860 (T. Berryhill) of 2010, allows 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 County Offices of Education have this
authority. (Pending in Assembly Appropriations).
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.
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.
Chaptering problem : The author should consider amendments to
address a potential chaptering problem with AB 1643 (Smyth) and
AB 1860 (T. Berryhill). The enactment of these measures in
their present form might present a chaptering problem which
possibly can be avoided by appropriate amendments.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
AB 1748
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Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531