BILL ANALYSIS �
AB 1989
Page 1
ASSEMBLY THIRD READING
AB 1989 (Chesbro)
As Amended May 1, 2014
Majority vote
GOVERNMENTAL ORGANIZATION 17-1
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|Ayes:|Hall, Nestande, | | |
| |Achadjian, Bigelow, | | |
| |Campos, Chesbro, Cooley, | | |
| |Dababneh, Gray, Roger | | |
| |Hern�ndez, Jones, | | |
| |Jones-Sawyer, Levine, | | |
| |Medina, Perea, Waldron, | | |
| |Wilk | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Salas | | |
| | | | |
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SUMMARY : Allows students between the ages of 18 to 21, enrolled
in winemaking and brewery science programs at the University of
California (UC), the California State University (CSU), and the
California Community Colleges, to receive an exemption from
current state age restrictions in order to fully participate in
bona fide classes and programs where tasting of wine or beer is
a necessary aspect of the class or program. Specifically, this
bill :
1)Allows a "qualified student" to taste an alcoholic beverage
and exempt the student and the "qualified academic
institution" in which the student is enrolled from criminal
prosecution, as described.
2)Provides that a qualified student may taste an alcoholic
beverage, and both the student and the qualified academic
institution in which the student is enrolled shall not be
subject to criminal prosecution, as defined, if all of the
following criteria are met:
a) The qualified student tastes the alcoholic beverage
while enrolled in a qualified academic institution.
b) The qualified academic institution has established an
AB 1989
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associate's degree or bachelor's degree program in enology
or brewing that is designed to train industry professionals
in the production of wine or beer.
c) The qualified student tastes the alcoholic beverage for
educational purposes as part of the instruction in a course
required for an associate's degree or bachelor's degree.
d) The alcoholic beverage remains in the control of an
authorized instructor of the qualified academic institution
who is at least 21 years of age.
3)Defines "qualified academic institution" as a public college
or university accredited by a commission recognized by the
United States Department of Education.
4)Defines "qualified student" as a student enrolled in a
qualified academic institution who is at least 18 years of
age.
5)Defines "taste" as to draw an alcoholic beverage into the
mouth, but does not include swallowing or otherwise consuming
the alcoholic beverage.
EXISTING LAW :
1)Establishes the Department of Alcoholic Beverage Control (ABC)
and grants it the exclusive authority to administer the
provisions of the Alcoholic Beverage Control Act (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)Provides that any person under 21 years of age who purchases
any alcoholic beverage, who consumes any alcoholic beverage in
any on-sale premises, or who possesses any alcoholic beverage
on any street or highway or in any public place or any place
open to the public is guilty of a misdemeanor.
3)Provides that every person who sells, furnishes, gives, or
causes to be sold, furnished, or given away any alcoholic
beverage to any person under 21 years of age is guilty of a
misdemeanor.
AB 1989
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FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Background: Current law does not permit underage students
seeking an associate or bachelor degree program in enology or
brewing to taste an alcoholic beverage during their required
courses. Business and Professions Code Section 25658 (a)
stipulates that any person who furnishes or gives any alcoholic
beverage to a person under the age of 21 years of age is guilty
of a misdemeanor. This section of current law prevents
instructors from providing alcoholic beverage to underage
students enrolled in their courses that require tasting.
Business and Professions Code Section 25662 (a) notes that any
person under 21 years of age who has any alcoholic beverage in
his or her possession in any place open to the public is guilty
of a misdemeanor and shall be subject to penalty.
This bill would allow a "qualified student," as defined, while
enrolled in a "qualified academic institution" to taste (not
consume), as defined, an alcoholic beverage for educational
purposes as part of the instruction in a course required for an
associate's degree or bachelor's degree. In California, at
least seven public campuses offer bachelor or associate degrees
in viticulture and enology.
Twelve other states have amended their laws to allow viticulture
students in the winemaking and brewing fields to sample the
alcohol: New York, North Carolina, New Jersey, Vermont, Rhode
Island, North Carolina, South Carolina, Illinois, Michigan,
Colorado, Missouri, Florida, and Washington.
Purpose of the bill: According to the author, California is a
leader in wine production on a global scale - accounting for
more than 90% of all wine produced in the United States, and the
4th largest producer in the world after France, Italy and Spain.
California is also fortunate to possess a robust array of beer
makers - both large and small. In both instances, their
products are made with the help of California college and
university graduates who, in many cases, diligently complete the
bulk of their career training in beer or wine production prior
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to reaching the age of 21.
The author points out, postsecondary students under the age of
21, enrolled in beer and winemaking programs within California's
public institutions of higher education are precluded from fully
participating in the production and sensory evaluation portions
of their academic programs until near the end of their academic
studies or, in some cases, not at all. This delay significantly
alters the timeline of their coursework and prevents them from
fully participating in internship opportunities that require an
understanding of beverage production that only tasting provides.
This bill would allow students enrolled in enology or brewmaster
programs at UC, CSU and community colleges to fully participate
in bona fide classes and programs where tasting of wine or beer
is a necessary aspect of the class or program. The students
enrolled in these programs are entering the beer and wine
industries in large percentages, and this exemption will allow
students to receive the best advantage and preparation from
their training.
The author points out that in order to further restrain the
application of the bill - and protect the basic policy
underpinnings of the existing minimum drinking age the language
of the bill states:
1) The new law only applies to students aged 18 to 20;
2) The bill only allows for "tasting", not consuming; and
3) The bill only applies to tasting that occurs in a course
required for an associate's or bachelor's degree at an
accredited public college or university in California.
The author further points out that states such as Oregon and
Washington have passed similar legislation and this measure will
help to ensure that our graduates remain competitive within
California's thriving wine and beer industries.
In support: The University of California states, "For over 100
years the UC has maintained an active and productive program in
research and education in viticulture and enology. The
continuing excellence of UC's program has enabled California
growers and vintners to develop practices that have allowed
California to become a premier wine-producing region. In
addition to viticulture and enology, UC's brewing science
AB 1989
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programs prepare students for careers in production and quality
assurance within the brewing industry. The sensory skills that
come from tasting wine and beer specimens are critical to a full
understanding of the science being advanced in classes, and thus
students are at an educational disadvantage compared to others
in states that allow such tasting." This bill is not intended
to include students from other majors taking electives in these
enology/brewery programs.
The CSU states, this bill will allow for improved four-year
graduation rates for our wine and viticulture majors.
Currently, classes that require tasting are only offered in the
senior year for students who are at least 21 years old. Some
CSU students complete all of their major requirements except the
sensory analysis and winemaking classes before they turn 21,
requiring these students to return for a fifth year of study to
complete their undergraduate degrees.
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531
FN: 0003406