BILL ANALYSIS
Bill No: AB
1748
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1748 Author: Hill
As Introduced: February 8, 2010
Hearing Date: June 9, 2010
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 1748 expands an existing exception in the Alcoholic
Beverage Control (ABC) Act pertaining to the general
prohibition against the consumption of alcoholic beverages
on publicly owned school property (K-14) which is
applicable for "special events" held at the facilities of a
community college in a county of the first class (Los
Angeles) or a county of the fourth class (Alameda) to also
include a community college located in a county of the 10th
class (San Mateo).
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
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,
AB 1748 (Hill) continued
Page 2
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 72/206, 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
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
AB 1748 (Hill) continued
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inhabitants.
BACKGROUND
Purpose of AB 1748: The College of San Mateo recently
completed the renovation and expansion of one of its main
dining facilities that will be able to seat as many as 400
people for special events (e.g., weddings and receptions)
with alcoholic beverages being served. Current law however
generally prohibits, with specified exceptions, the
possession, consumption and sale of alcoholic beverages in
any public school (K-14) or any grounds thereof. In 2008,
AB 3071 (Chapter 508) created a narrow exception to this
existing prohibition applicable only to community colleges
in the Counties of Los Angeles and Alameda. AB 1748 would
add the County of San Mateo to this existing provision of
law thereby granting the San Mateo County Community College
District the same privilege.
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 1643 (Smyth) 2009-10 Session. Would allow public
colleges (K-14) to serve alcoholic beverages during
"special events" and fundraisers in a college facility that
is used to school K-12 students, provided the events are
held at a time when students in any grade from K-12 are not
present at the facility. (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
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Page 4
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)
SUPPORT: San Mateo Community College District (sponsor)
OPPOSE: None on file as of June 4, 2010.
FISCAL COMMITTEE: No.
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