BILL ANALYSIS �
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THIRD READING
Bill No: AB 1989
Author: Chesbro (D)
Amended: 5/1/14 in Assembly
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMMITTEE : 10-0, 6/24/14
AYES: Correa, Berryhill, Cannella, De Le�n, Galgiani,
Hernandez, Lieu, Padilla, Torres, Vidak
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 73-2, 5/15/14 - See last page for vote
SUBJECT : Alcoholic beverages: underage drinkers: students
in winemaking and brewery science programs
SOURCE : California State University
University of California
DIGEST : This bill creates a narrow exception to current
Alcoholic Beverage Control Act (ABC Act) provisions relating to
consumption or possession of alcoholic beverages by underage
persons by allowing students who are at least 18 years of age
and enrolled in degree granting programs in enology or brewing
at accredited public postsecondary educational institutions to
taste, but not consume, an alcoholic beverage for educational
purposes as part of the instruction in a course required for a
degree.
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ANALYSIS :
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 for this purpose.
2.Provides, under the ABC Act, 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. In addition, the ABC Act 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.
This bill:
1.Allows a "qualified student" to taste an alcoholic beverage,
and exempts the student and the "qualified academic
institution" in which the student is enrolled from criminal
prosecution under provisions of the ABC Act 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
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 and spits" the alcoholic
beverage for educational purposes as part of the
instruction in a course required for a degree.
D. The alcoholic beverage remains in the control of an
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authorized instructor of the academic institution who is at
least 21 years of age.
1.Defines the following terms:
A. "Qualified academic institution" as a public college or
university accredited by a commission recognized by the
U.S. Department of Education.
B. "Qualified student" as a student enrolled in a qualified
academic institution who is at least 18 years of age.
C. "Taste" as drawing an alcoholic beverage into the mouth,
but does not include swallowing or otherwise consuming the
alcoholic beverage.
1.Makes it explicit that an ABC license or permit is not
required to be held by the academic institution provided an
extra fee or charge is not imposed for the alcoholic beverages
tasted.
2.Makes corresponding changes to existing provisions of the ABC
Act as well as code maintenance changes.
Comments
The author's office points out that California is a leader in
wine production on a global scale - accounting for more than 90%
of all U.S. wine produced. California is also the fourth
largest producer in the world after France, Italy and Spain.
When it comes to brewing, California is equally fortunate to
have a robust array of beer makers - both large and small. In
both instances, many of these 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 to reaching the age of 21.
The author's office points out that due to existing state law
which expressly forbids the furnishing of alcohol to a person
under 21 years of age, postsecondary students 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
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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.
The author's office states that this bill enables students
enrolled in enology or brewmaster programs at the University of
California, the California State University, and 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.
The author's office emphasizes that California is not the first
state to consider such an exemption from legal-age statutes. In
fact, 12 states (Washington, Colorado, Florida, Illinois,
Michigan, Missouri, New Jersey, New York, North Carolina, South
Carolina, Rhode Island and Vermont) have passed similar
legislation addressing the need for tasting in educational
programs. The author's office believes this bill ensures
California's students that are enrolled in enology or beer
brewing degree programs have the same educational opportunities
offered by neighboring states so that they can compete in the
thriving wine and beer industries.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/24/14)
California State University (co-source)
University of California (co-source)
California Association of Winegrape Growers
California Craft Brewers Association
Community College League of California
Family Winemakers of California
Napa Valley College
ARGUMENTS IN SUPPORT : Proponents recognize and respect the
delicate nature of this subject matter, and the need and
rationale for existing state law. Clearly, the intent of this
bill is to target students enrolled in degree-granting programs
at accredited California public institutions only. It is not
intended to include students from other majors taking electives
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in these enology/brewery programs. Proponents note that this
bill contains significant safeguards to prevent actual
consumption of wine or beer. They state, "It merely allows a
qualified student, in a qualified course, with a qualified
teacher, to taste wine or beer - the sensory aspects of the wine
or beer are the focus of the bill."
ASSEMBLY FLOOR : 73-2, 5/15/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Perea, John A. P�rez, V. Manuel P�rez,
Quirk, Rendon, Rodriguez, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Quirk-Silva, Salas
NO VOTE RECORDED: Hagman, Mansoor, Patterson, Ridley-Thomas,
Vacancy
MW:e 6/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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