BILL ANALYSIS �
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THIRD READING
Bill No: AB 319
Author: Norby (R)
Amended: 8/29/11 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 13-0, 6/28/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Padilla, Strickland,
Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Alcoholic beverage control: public
schoolhouses
SOURCE : Author
DIGEST : This bill 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 and
authority has been granted by the community college
district.
Senate Floor Amendments of 8/29/11 (1) reinstate the phrase
"pursuant to a license or permit" within the definition of
'special event' to insure that such events are conducted in
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accordance with the Department of Alcoholic Beverage
Control license/permit process, (2) propose add a potential
chaptering out problem between this bill and SB 339 (Wolk)
relating to alcoholic beverages.
ANALYSIS : 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U.S. Constitution in 1933 repealed the 18th Amendment and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.
This bill:
1. 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 ABC and authority has been granted by the
community college district.
2. 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.
3. 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
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community college.
Background
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 (Assembly Governmental Organization
Committee), Chapter 508, of 2008 creates 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 (Hill), Chapter 84, Statutes of 2010,
expands 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
bill intends 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 1643 (Smyth), Chapter 79, Statutes of 2010, permits
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.
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AB 1860 (Tom Berryhill), Chapter 239, Statutes of 2010,
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 have this authority.
AB 1748 (Hill), Chapter 84, Statutes of 2010, expands 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,
authorizes 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)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/30/11)
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Community College League of California
Rancho Santiago Community Colleges
Student Senate, California Community Colleges
ASSEMBLY FLOOR : 75-0, 5/26/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. P�rez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
PQ:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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