BILL ANALYSIS
AB 1860
Page 1
ASSEMBLY THIRD READING
AB 1860 (Tom Berryhill)
As Introduced February 12, 2010
Majority vote
GOVERNMENTAL ORGANIZATION 20-0 APPROPRIATIONS 17-0
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|Ayes:|Coto, Blakeslee, Chesbro, |Ayes:|Fuentes, Conway, Ammiano, |
| |Cook, | |Bradford, Charles |
| |De Leon, Evans, Galgiani, | |Calderon, Coto, Davis, |
| |Hernandez, Hill, | |Nava, Hall, Harkey, |
| |Jeffries, Lieu, Ma, | |Miller, Nielsen, Norby, |
| |Mendoza, Nestande, | |Skinner, Solorio, |
| |V. Manuel Perez, | |Torlakson, Torrico |
| |Portantino, Silva, | | |
| |Torres, Torrico, Tran | | |
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SUMMARY : Allows any county office of education (COE) 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 COEs 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
AB 1860
Page 2
when pupils are not on the rounds of an overnight retreat
facility owned and operated by the COE in Stanislaus County.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, any costs associated with this legislation would be
minor and absorbable within ABC's existing resources.
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 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 COEs to all COEs 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
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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 COE 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.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0004005