BILL ANALYSIS �
AB 319
Page 1
Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 319 (Norby) - As Amended: March 14, 2011
SUBJECT : Alcoholic beverage control: public schoolhouses.
SUMMARY : Permits the sale and consumption of alcohol on all
community college campuses statewide, during special events,
when the proper license or permit has been issued by Department
of Alcoholic Beverage Control (ABC) and authority has been
granted by the community college district. Specifically, this
bill :
1) Creates a statewide exemption from the prohibition on the
sale or consumption of alcoholic beverages at a public
schoolhouse or any grounds, if the alcoholic beverage is
possessed, consumed, or sold, pursuant to a license or permit,
for special events held at the facilities of a public community
college, and a person has been authorized by the governing board
of the community college district to possess, consume, or sell,
pursuant to that license or permit, the alcoholic beverage.
2) "Special event" means events that are held with the
permission of the governing board of the community college
district that are festivals, shows, private parties, concerts,
theatrical productions, and other events held on the premises of
the public community college, pursuant to a license or permit,
and for which the principal attendees are members of the general
public or invited guests and not students of the public
community college.
EXISTING LAW :
1) Establishes (ABC and grants it exclusive authority to
administer the provisions of the Alcoholic Beverage Control Act
(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.).
AB 319
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3) Grants a specific exception to the general prohibition
against the consumption of alcoholic beverages on publicly owned
school property (K-14) created by this bill for 'special events"
held at community colleges in a County of the first class (Los
Angeles County) to also include events held at a community
college in the County of the fourth class (Alameda County), as
defined.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of the bill : According to the author, under current law
two counties, Los Angeles and Alameda are exempt from
prohibitions as specified in Business and Professions Code
25608. AB 3071 (Chapter 508, Statutes of 2008) amended the law
to allow alcoholic beverages to be served and consumed at
"special events" at community colleges, but only at community
colleges in Los Angeles and Alameda Counties.
The author states, there is no apparent good reason for limiting
this privilege to two of California's 58 counties, and therefore
this bill seeks to remedy this inconsistency by striking
language which specifies exemptions for certain counties, thus
making it apply statewide. AB 319 adds language specifying that
special events pursuant to license or permit and events shall
only be held with the permission of the governing board of the
community college district.
The author maintains that alcoholic beverages are an important
component for fundraising and culinary programs on community
college campuses. This measure would do at one-time what it
appears is already happening in a piecemeal fashion. AB 319
will create equity among all of California's community colleges
relating to the sale and consumption of alcohol for special
events, as defined.
Background :
Current law prohibits the sale, possession or consumption of
alcoholic beverages on the grounds of any public school (K-14).
Over the years, numerous legislative exceptions have been
granted to school districts to allow for the possession and use
of alcoholic beverages on school grounds.
AB 319
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In 2008, AB 3071 (Governmental Organization Committee), Chapter
508, Statutes of 2008, created a limited exception to existing
provisions of the Act by allowing alcoholic beverages to be
possessed, consumed, or sold at "special events" held at
facilities of a public community college located in the Counties
of Alameda and Los Angeles. Examples of a special event are
festivals, shows, private parties, concerts, theatrical
productions, and other events held on
the premises of the public community college, pursuant to a
license or permit, and for which the principal attendees are
members of the general public or invited guests and not students
of the public community college.
The exceptions were intended to generate additional revenue for
community colleges by licensing, permitting or leasing college
event facilities for wedding receptions, bar mitzvahs and a
range of corporate, civic and cultural uses. Such action is
predicated on alcohol service. Proponents stated that the
exception would enable community colleges in these two counties
to take full advantage of opportunities to lease the facility
for special events which in turn, will make the maintenance of
the facility less reliant on state general funds.
Prior legislation : AB 172 (Smyth), Chapter 398, Statutes of
2009. Provides that the prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
schoolhouse does not apply if the alcoholic beverages are
acquired, possessed, or used during events at a community
college-owned facility in which any grade from kindergarten to
grade 12, inclusive, is schooled, if the event is held at a time
when students are not present at the facility.
AB 3071 (Governmental Organization Committee), Chapter 508,
Statutes of 2008. Created a limited exception to the ABC Act
that generally prohibits the sale or consumption of alcoholic
beverages on the grounds of a public schoolhouse so that
alcoholic beverages could be possessed, consumed, or sold at
"special events" held at facilities of a public community
college located in the Counties of Los Angeles and Alameda.
AB 1598 (Price), Chapter 149, Statutes of 2007. Created a new
exception to the existing prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
school to enable culinary arts programs at a campus of a
California Community College to buy, use, sell or consume wine
AB 319
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or beer only in connection with a sponsored dinner, course of
instruction, or meal demonstration.
SB 1486 (Hollingsworth), Chapter 72, Statutes of 2006,
authorized alcoholic beverages to be served and consumed on the
grounds of the "Water Conservation Garden" located on the campus
of Cuyamaca College in Rancho San Diego.
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.
REGISTERED SUPPORT / OPPOSITION :
Support
Community College League of California
Student Senate of California Community Colleges
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531