BILL ANALYSIS �
Bill No: AB
319
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 319 Author: Norby
As Amended: April 4, 2011
Hearing Date: June 28, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 319 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 the Department of Alcoholic Beverage Control (ABC) and
authority has been granted by the community college
district. Specifically, this measure:
1. Expands an existing exception to the general
prohibition against the consumption of alcoholic
beverages on publicly owned school property (K-14)
that is currently applicable only to special events
held at community colleges in the Counties of Los
Angeles, Alameda, and San Mateo to include community
colleges in all counties.
2. Modifies the definition of "special event" within
this existing statute by clarifying that such events
must be held with the permission of the governing
board of the community college.
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Constitution in 1933 repealed the 18th Amendment and ended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.
AB 319 (Norby) continued
Page 2
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. AB 1748 (Hill), Chapter 84/2010,
expanded this particular exception to include San
Mateo 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.
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.
AB 319 (Norby) continued
Page 3
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 319: 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. The exceptions
were intended to generate additional revenue for community
colleges by licensing, permitting or leasing college
facilities for wedding receptions, bar mitzvahs and a range
of corporate, civic and cultural uses. Such events are
predicated on alcohol service. For example, AB 3071,
Chapter 508, of 2008 created a limited exception to
existing provisions of the ABC 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. AB 1748, Chapter 84, of 2010, expanded this
particular exception to include San Mateo County.
The author's office points out that the Legislature has
generally approved exceptions to the prohibition on a site
by site basis and under very narrow circumstances. This
measure is intended to avoid the need for future
legislation in this area by providing a blanket exception
for all community college campuses statewide during special
events.
PRIOR/RELATED LEGISLATION
AB 319 (Norby) continued
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AB 1643 (Smyth) Chapter 79, Statutes of 2010. Permitted
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.
AB 1860 (Tom Berryhill) Chapter 239, Statutes of 2010.
Allowed 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 have this authority.
AB 1748 (Hill) Chapter 84, Statutes of 2010. Expanded 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).
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)
AB 319 (Norby) continued
Page 5
SUPPORT: As of June 24, 2011:
Community College League of California
Student Senate, California Community Colleges
OPPOSE: None on file as of June 24, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee
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