BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 494|
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THIRD READING
Bill No: AB 494
Author: Logue (R), et al.
Amended: 7/12/11 in Senate
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORGANIZATION COMM. : 12-0, 6/28/11
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Evans, Hernandez, Strickland, Wyland,
Yee
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-1, 5/31/11 - See last page for vote
SUBJECT : Alcoholic beverages: possession: Sacramento
River
SOURCE : Author
DIGEST : This bill 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."
ANALYSIS : The enactment of the 21st Amendment to the
United States Constitution in 1933 repealed the 18th
Amendment and ended the era of Prohibition. Accordingly,
states were granted the authority to establish alcoholic
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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 of 0.08 percent or
higher.
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
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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.
This bill 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 bill:
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.
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Background
This bill allows 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. This bill provides 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 will 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
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.
Prior/Related Legislation
SB 1159 (Cox) Chapter 44, Statutes of 2008, 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.
AB 951 (Jones) Chapter 19, Statutes of 2007, 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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/11/11)
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
Chico Chamber of Commerce
Chico Police Department, Chief Mike Maloney
City of Chico
Sheriff-Coroner of Butte County, Jerry W. Smith
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gordon, Grove, Hagman, Halderman,
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Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Olsen, Pan, Perea,
V. Manuel P�rez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, Yamada, John A. P�rez
NOES: Gatto
NO VOTE RECORDED: Alejo, Charles Calderon, Gorell, Norby
PQ:do 7/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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