BILL ANALYSIS �
AB 319
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 319 (Norby)
As Amended August 29, 2011
Majority vote
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|ASSEMBLY: |75-0 |(May 26, 2011) |SENATE: |37-0 |(September 7, |
| | | | | |2011) |
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Original Committee Reference: G.O.
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 the
Department of Alcoholic Beverage Control (ABC) and authority has
been granted by the community college district. Specifically,
this bill :
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.
The Senate amendments include double-jointing language in order
to prevent a chaptering out conflict between this bill and SB
339 (Wolk).
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
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venues (e.g., performing arts centers, stadiums, etc.).
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.
AS PASSED BY THE ASSEMBLY , this bill permitted the sale and
consumption of alcohol on all community college campuses during
special events that are held with the permission of the
governing board of the community college district. The
principle attendees at these events must be the general public
or invited guests and not students of the community college.
This bill, as amended in the Senate is consistent with Assembly
actions.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Purpose of the bill : 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 (Governmental Organization Committee), Chapter 508,
Statutes 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 (Hill), Chapter 84, Statutes of 2010, expanded
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this particular exception to include San Mateo County.
The author 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 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
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
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offered for rent, lease, or sale exclusively to faculty or staff
of a public school or community college district.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0002606