BILL ANALYSIS
AB 1860
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Date of Hearing: April 12, 2010
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Joe Coto, Chair
AB 1860 (T. Berryhill) - As Introduced: February 12, 2010
SUBJECT : Alcoholic beverages: places of consumption.
SUMMARY : 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.
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)Creates an exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned school
property by allowing alcoholic beverages to be sold and
consumed for an event during the weekend or at other times
when pupils are not on the rounds of an overnight retreat
facility owned and operated by the county office of education
in Stanislaus County.
FISCAL EFFECT : Unknown.
COMMENTS :
Existing law provides for many exceptions to the general
prohibition, including those for college stadiums, culinary arts
programs, and housing and performing arts facilities. Other
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existing exceptions allow alcoholic beverages to be possessed,
consumed, and sold at organized, licensed events held on the
grounds of overnight retreat facilities owned and operated by
the Marin and Stanislaus County Offices of Education, provided
that the events occur on weekends or at other times when pupils
are not on the grounds.
This bill extends the exceptions for the aforementioned Marin
and Stanislaus County Offices of Education to all county offices
of education and school districts with overnight retreat
facilities when pupils are not on the grounds. The Clovis
Unified School District and the Sutter County Superintendent of
Schools state "during these difficult budget times, when we are
making significant cuts to our educational programs and
services, having some ability to increase revenues will be very
helpful in our effort to sustain very important outdoor
educational programs." During days and weekends when outdoor
education facilities are not in use and not hosting students,
the public would have access to a unique center for weddings,
family reunions, and other organizational events. The Santa
Clara County Office of Education writes, this measure "will be
beneficial because not only will it keep costs down for students
but will provide a usable venue for the public, without
jeopardizing the safety of students."
Related legislation: AB 1748 (Hill) of 2010, would allow ABC to
issue a temporary beer/wine license, daily general license, or a
caterer's authorization for a "special event" occurring at a
public community college in San Mateo County. AB 1748 is
pending in the Assembly Governmental Organization Committee.
AB 1643 (Smyth) of 2010, would allow alcoholic beverages to be
possessed and used at fundraising events held at community
college-owned facilities where kindergarten through 12th (K-12)
grade students are taught, provided that the events take place
when K-12 students are not present. This bill is identical to
AB 172 (Smyth), Chapter 398, Statutes of 2009 which was
chaptered out by AB 1448 (T. Berryhill), Chapter 399, Statutes
of 2009).
Prior legislation : 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
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office of education in Stanislaus County.
AB 3071 (Governmental Organization Committee), Chapter 508,
Statutes of 2008. Included a provision that allows beer or wine
to be possessed, used, sold, or consumed in connection with
"special events", as defined, held at the facilities of a public
community college in Los Angeles and Alameda County.
AB 1598 (Price), Chapter 149, Statutes of 2007. Provided an
additional exception for culinary arts programs to be able to
acquire, possess, use, sell, or consume beer or wine for a
California Community College (CCC) campuses.
AB 767 (Mullin), Chapter 204, Statutes of 2005. Provides that
the prohibition against the sale or consumption of alcoholic
beverage on the grounds of a public schoolhouse does not apply
if the grounds on which the alcoholic beverage is acquired,
possessed, used, or consumed is property that has been developed
and is used for residential facilities or housing that is
offered for rent, lease, or sale exclusively to faculty or staff
of a public school or community college district.
AB 2416 (Governmental Organization Committee), Chapter 639,
Statutes of 1998. Authorized the consumption of alcohol at
fund-raisers held at facilities of the California Community
Colleges, who were interested in obtaining a more general
authorization allowing college foundations or other auxiliary
nonprofit organizations to use their facilities for ABC approved
events. Additionally, this bill authorized county offices of
education in a county of the 18th class to allow alcohol on its
grounds. This change was for the Marin County Office of
Education, which has an overnight retreat facility available for
events held during the weekend or at other times when pupils are
not on the grounds.
SB 572 (Maddy), Chapter 90, Statutes of 1997, authorizes the
possession and use of alcoholic beverages during nonprofit
fundraising events held at college-owned or operated stadiums
with a capacity of over 18,900 in a county of the 14th class.
REGISTERED SUPPORT / OPPOSITION :
Support
Clovis Unified School District
AB 1860
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Kathleen Hansen, Superintendent of Schools, Sutter County
Santa Clara County Office of Education
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531