BILL ANALYSIS
Bill No: AB
1860
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2009-2010 Regular Session
Staff Analysis
AB 1860 Author: Tom Berryhill
As Amended: June 10, 2010
Hearing Date: June 22, 2010
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 1860 is an urgency measure that modifies an existing
exception in the Alcoholic Beverage Control (ABC) Act
(currently applicable only to Marin County and Stanislaus
County) that permits the possession, consumption and sale
of alcoholic beverages for an event held at an overnight
retreat facility owned and operated by the aforementioned
counties, provided the event occurs on weekends or at other
times when pupils are not present. Specifically, this
measure:
1. Strikes reference to the Counties of Marin and
Stanislaus, thereby extending the current privilege to
possess, consume or sell alcoholic beverages to all
county offices of education or school districts with
overnight retreat facilities, when pupils are not on the
grounds.
2. Contains language to avoid a chaptering problem should
this measure and AB 1643 both be enacted and become
effective on or before January 1, 2011.
3. Makes other minor technical, clarifying and code
maintenance changes.
AB 1860 (Tom Berryhill) continued
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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Constitution in 1933 repealed the 18th Amendment and ended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,
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 72/2006,
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.
AB 1860 (Tom Berryhill) continued
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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
inhabitants.
BACKGROUND
Purpose of AB 1860: As noted above, current law prohibits
the sale, possession or consumption of alcoholic beverages
on the grounds of a public school (K-14) and provides
various exceptions to this prohibition, including those for
college stadiums, culinary arts programs, and housing and
performing arts facilities. Current law also provides a
narrow exception to this prohibition that allows alcoholic
beverages to be possessed, consumed, or sold, pursuant to a
license, 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 a county office of education
in a county of the 18th class (Marin County) or 20th class
(Stanislaus County).
According to the author's office, this measure is intended
to allow the Clovis Unified School District to rent out an
overnight facility it owns and operates for weddings,
family reunions and other events. AB 1860 would
essentially extend the current exception applicable to
Marin and Stanislaus County Offices of Education to all
county offices of education or school districts with
overnight retreat facilities when pupils are not on the
grounds.
The Clovis Unified School District states that "during
AB 1860 (Tom Berryhill) continued
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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
education programs."
PRIOR/RELATED LEGISLATION
AB 1748 (Hill) 2009-10 Session. Would expand an existing
exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned
school property (K-14) applicable to special events
held at a community college in a county of the first class
(Los Angeles) and in a county of the fourth class (Alameda)
to also include a community college located in a county of
the 10th class (San Mateo). (Pending on Senate Floor)
AB 1643 (Smyth) 2009-10 Session. Would permit alcoholic
beverages to be acquired, possessed, or used during events
held at a community college-owned facility used to school
K-12 students, if the event is held at a time when students
in any grades from K-12 are not present at the facility.
(Pending on 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.
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: As of June 18, 2010:
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Clovis Unified School District
California County Superintendents Educational Services
Association
School Services of California
OPPOSE: None on file as of June 18, 2010.
FISCAL COMMITTEE: Senate Appropriations Committee