BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1748|
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CONSENT
Bill No: AB 1748
Author: Hill (D)
Amended: As introduced
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE : 6-0, 6/9/10
AYES: Wright, Negrete McLeod, Padilla, Price, Wyland, Yee
NO VOTE RECORDED: Harman, Calderon, Denham, Florez,
Oropeza
ASSEMBLY FLOOR : 72-0, 5/17/10 - See last page for vote
SUBJECT : Alcoholic beverage control: public
schoolhouses
SOURCE : San Mateo Community College District
DIGEST : This bill expands an existing exception in the
Alcoholic Beverage Control 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).
ANALYSIS : 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U.S. Constitution in 1933 repealed the 18th Amendment and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
CONTINUED
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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. (see Senate policy for prior listing)
Background
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. AB 3071 (Assembly
Governmental Organization Committee), Chapter 508, Statutes
of 2008, created a narrow exception to this existing
prohibition applicable only to community colleges in the
Counties of Los Angeles and Alameda. This bill adds 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, 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
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not on the grounds. Under current law only Marin and
Stanislaus have this authority. (Pending in Senate
Governmental Organization Committee)
AB 1643 (Smyth) 2009-10 Session, allows 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. (On the Senate Floor)
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,
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.
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)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/10)
San Mateo Community College District (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Charles Calderon, Chesbro,
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Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torres, Torrico, Tran, Villines,
John A. Perez
NO VOTE RECORDED: Bass, Caballero, Carter, Furutani,
Silva, Torlakson, Yamada, Vacancy
DLW:do 6/14/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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