BILL ANALYSIS �
Bill No: AB
494
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 494 Author: Logue
As Introduced: February 15, 2011
Hearing Date: June 28, 2011
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages
DESCRIPTION
AB 494 is an urgency measure that prohibits possession of
alcoholic beverages, whether open or closed, on
non-motorized vessels along a portion of the Sacramento
River (from the Highway 32 Bridge to the mouth of Big Chico
Creek) during "summer holiday periods." Specifically, this
measure:
1. Prohibits a person in a non-motorized vessel on the
portion of the Sacramento River, from the Highway 32
Bridge to the mouth of Big Chico Creek, from
possessing a container with an alcoholic beverage
(whether opened or closed), during the summer holiday
periods that the Glenn and Butte County Board of
Supervisors prohibit alcohol on the land portions
along this particular stretch of the river.
2. Stipulates that a violation of this provision is an
"infraction" pursuant to Government Code Section
25132.
3. Requires Glenn and Butte County to provide notice
on the land portion along the Sacramento River
described above that this conduct is a violation
punishable as an infraction during the specified
holiday periods.
4. Defines "container" to mean a bottle, can, or other
receptacle.
AB 494 (Logue) continued
Page 2
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Constitution in 1933 repealed the 18th Amendment and ended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. This involves licensing
individuals and businesses associated with the manufacture,
importation and sale of alcoholic beverages in this state
and the collection of license fees or occupation taxes for
this purpose.
Existing law prohibits possession of alcoholic beverages,
whether open or closed, on non-motorized vessels along the
American River between the Hazel Avenue and Watt Avenue
bridges during three summer holiday periods - Memorial Day,
4th of July, and Labor Day.
Existing law prohibits possession of alcoholic beverages,
whether open or closed, on non-motorized vessels along the
Truckee River (from the Highway 89 Bridge in Tahoe City to
the Alpine Meadows Bridge) during "summer holiday periods."
Existing law makes possessing open alcoholic beverage
containers, as specified, in any city or county park, city
or county owned public place, recreation and park district,
or regional park or open-space district an infraction,
subject to a local ordinance prohibiting such possession,
with specified exceptions.
Existing law prohibits operating any vessel (every
description of watercraft used or capable of being used as
a means of transportation on water, with specified
exceptions) or riding on water skis, or similar
recreational equipment, while under the influence of
alcohol and/or drugs, and prohibits those operations by
anyone with a blood alcohol level (BAL) of 0.08 percent or
higher.
AB 494 (Logue) continued
Page 3
Existing law makes any violation of the ABC Act a
misdemeanor, if no punishment or penalty is expressly
provided for in statute and specifies that all peace
officers in the state are required to enforce the
provisions of the ABC Act. In such cases, a misdemeanor is
punishable by up to a $1,000 fine, or by both imprisonment
(up to six months in county jail) and fine.
Existing law provides that every violation determined to be
an infraction is punishable by a fine not exceeding $100
for a first violation, $200 for a second violation of the
same ordinance within one year and $500 for each additional
violation of the same ordinance within one year.
Existing law, Harbors and Navigation Code Section 651.1,
defines "bather" to mean a person floating, swimming,
wading, or bodysurfing, with or without the use of a
flotation device, including, but not limited to, floating
upon or with the aid of a surfboard, paddle board, surfmat,
innertube, life preserver, or air mattress, except a
flotation device which is designed to be propelled by sail,
mechanical means, power, oars, or paddle.
BACKGROUND
This measure would allow the Butte and Glenn County Boards
of Supervisors to determine the legality of alcohol
possession during summer holiday periods on a portion of
the Sacramento River that runs between Butte and Glenn
Counties. AB 494 would provide that if both the Butte and
Glenn Boards of Supervisors enact ordinances prohibiting
alcohol possession on the county land along this portion of
the river, possession would also be prohibited in the river
(which is state property) in this same area. A violation
would be an infraction punishable by a $100 fine for first
offense and by a $200 fine for a second offense in the same
year.
The author's office notes that this particular portion of
the Sacramento River flows through Chico and is recognized
as the "go to spot" for college students and young adults
to party during summer holidays. On a single day as many
as 15,000 locals and students from around the north state
float down the river on inner tubes, inflatable rafts, and
other assorted flotation devices to "Beer Can Beach." The
main attraction is not the river but the massive amount of
AB 494 (Logue) continued
Page 4
drinking that takes place. Public intoxication, nudity,
defecation, and massive littering occur on/in the water.
These crowds then climb out of the water and drive home,
often under the influence which poses a public safety and
environmental risk, with emergency rescues barely keeping
this event from becoming lethal.
The author's office states that local law enforcement does
not have sufficient personnel to adequately police the area
and issue individual citations and make arrests once this
event has gotten underway and has requested that they be
authorized to stop it before it begins. In addition,
communities in these areas have reported a significant drop
in irresponsible behavior and an increase in the number of
families that frequent the river on summer holidays.
The author's office emphasizes that this bill is also
necessary because local agencies do not have the authority
to ban alcoholic beverages on the state's navigable waters.
PRIOR/RELATED LEGISLATION
SB 1159 (Cox) Chapter 44, Statutes of 2008. Prohibited
possession of alcoholic beverages, whether open or closed,
on non-motorized vessels along the Truckee River (from the
Highway 89 Bridge in Tahoe City to the Alpine Meadows
Bridge) during summer holiday periods.
AB 951 (Jones) Chapter 19, Statutes of 2007. Prohibited
possession of alcoholic beverages, whether open or closed,
on non-motorized vessels along the American River between
the Hazel Avenue and Watt Avenue bridges during three
summer holiday periods - Memorial Day, 4th of July, and
Labor Day.
SUPPORT: As of June 24, 2011:
Butte County Board of Supervisors
Butte County Fire Department
Butte College, Office of the President, Diana Van Der Ploeg
California Police Chiefs Association
California State Sheriffs' Association
California State University, Chico, Office of the
President, Paul J. Zingg
California State University, Chico, Office of the V.P.
Student Affairs, Drew Calandrella
AB 494 (Logue) continued
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Chico, City of
Chico Chamber of Commerce
Chico Police Department, Chief Mike Maloney
Sheriff-Coroner of Butte County, Jerry W. Smith
And, numerous private citizens
OPPOSE: None on file as of June 24, 2011.
FISCAL COMMITTEE: Senate Appropriations Committee