BILL ANALYSIS �
AB 494
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 494 (Logue)
As Amended July 12, 2011
2/3 vote. Urgency
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|ASSEMBLY: |75-1 |(May 31, 2011) |SENATE: |39-0 |(July 14, |
| | | | | |2011) |
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Original Committee Reference: G.O.
SUMMARY : 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 a
particular stretch of the Sacramento River. Specifically, this
bill :
1)Provides that on the portion of the Sacramento River, from the
Highway 32 Bridge to the mouth of Big Chico Creek, a person in
a vessel, as defined, or a bather, as defined, shall not
possess a container with an alcoholic beverage, whether opened
or closed, during the summer holiday periods that the Glenn
County Board of Supervisors and the Butte County Board of
Supervisors prohibit the consumption of an alcoholic beverage
or possession of an open alcoholic beverage container on the
land portions along a portion of the Sacramento River.
2)States that a violation would be an infraction punishable by a
fine of $100 for the first, and $200 for subsequent offenses,
as defined.
3)Requires Glenn and Butte Counties to provide notice on the
land portions along the Sacramento River that this conduct is
punishable as an infraction.
4)Defines "container" to mean a bottle, can, or other
receptacle.
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5)Contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
The Senate amendments clarify that during the summer holiday
periods, as defined, the Glenn and Butte County Board of
Supervisors shall have the authority to prohibit alcohol on the
land portions along a particular stretch of the Sacramento
River.
EXISTING LAW :
1)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.
2)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, Fourth of July,
and Labor Day.
3)Prohibits the possession of alcoholic beverages, whether open
or closed, on vessels along the Truckee River (from the
Highway 89 Bridge in Tahoe City to the Alpine Meadows Bridge)
during summer holiday periods.
4)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.
5)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 recreations 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%
or higher.
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6)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.
7)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.
AS PASSED BY THE ASSEMBLY , this bill is consistent with Assembly
actions. The previous version, an urgency measure, prohibited a
person on certain portions of the Sacramento River from
possessing a container, as defined, with an alcoholic beverage
during the summer holiday periods that the Glenn and Butte
County Boards of Supervisors prohibit the consumption of an
alcoholic beverage or possession of an open alcoholic beverage
container on the land portions along those portions of the
river.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
Purpose of this bill : According to the author, this bill would
authorize 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 would provide that
if both the Butte and Glenn County 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 $250 fine for a second offense
in the same year.
The author states that the portion of the Sacramento River which
flows through Chico is the "go to spot" for college students and
young adults to party on summer holidays. On a single day as
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many as 15,000 locals and students from around the north state
float down the river on inner tubes, inflatable rafts, and other
ramshackle 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 and in the water. These crowds then
climb out of the water and drive home, often under the
influence. This poses a public safety and environmental risk,
with emergency rescues barely keeping this event from becoming
lethal.
The author states, local law enforcement does not have the
manpower to 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 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.
In support : The Butte County Board of Supervisors (Board) state
this bill has strong support from the Chico Chamber of Commerce,
law enforcement from multiple jurisdictions, and emergency
rescue agencies. The Board writes, "We are just lucky that we
have not seen deaths or serious injuries as a result of tens of
thousands of people floating down the Sacramento River on inner
tubes and other makeshift rafts while consuming large amounts of
alcohol over the Labor Day weekend. The fighting, unruly
behavior, medical emergencies and rescues that result from this
event require a massive response by law enforcement, medical and
fire and rescue personnel each year. The financial and resource
strain placed on public safety agencies to protect the
participants of this unsanctioned Labor Day float and the
significant environmental impact caused by the excessive amount
of garbage left behind after this event justify a restriction
over this period."
Prior legislation : SB 1159 (Cox), Chapter 44, Statutes of 2008,
prohibits the possession of alcoholic beverages, whether open or
closed, on vessels along the Truckee River (from the Highway 89
Bridge in Tahoe City to the Alpine Meadows Bridge) during summer
holiday periods.
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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, Fourth of July, and Labor Day.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0001671