Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2073

Introduced by Assembly Member Bigelow

February 20, 2014

An act to amend Section 25608 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2073, as amended, Bigelow. Alcoholic beverage control: public schoolhouses.

Existing law generally prohibits the sale or consumption of alcoholic beverages at a public schoolhouse or any grounds thereof. Existing law provides for various exceptions to this prohibition, including an exception where the alcoholic beverage is possessed, consumed, or used during a special event held at the facilities of a public community college, as provided.

This bill would provide that the prohibition against the sale or consumption of alcoholic beverages on the grounds of a public schoolhouse does not apply if the alcoholic beverages are acquired, possessed, used, sold, or consumed pursuant to a license or permit obtained for special events held at facilities, as described, owned and operated by an educational agency, a county office of education, superintendent of schools, school district, or community college district at a time when pupils are begin delete generally end delete not on the grounds.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25608 of the Business and Professions
Code is amended to read:

25608.  

(a) Every person who possesses, consumes, sells, gives,
or delivers to any other person, any alcoholic beverage in or on
any public schoolhouse or any of the grounds of the schoolhouse,
is guilty of a misdemeanor. This section does not, however, make
it unlawful for any person to acquire, possess, or use any alcoholic
beverage in or on any public schoolhouse, or on any grounds of
the schoolhouse, if any of the following applies:

(1) The alcoholic beverage possessed, consumed, or sold,
pursuant to a license obtained under this division, is wine that is
produced by a bonded winery owned or operated as part of an
instructional program in viticulture and enology.

(2) The alcoholic beverage is acquired, possessed, or used in
connection with a course of instruction given at the school and the
person has been authorized to acquire, possess, or use it by the
governing body or other administrative head of the school.

(3) The public schoolhouse is surplus school property and the
grounds of the schoolhouse are leased to a lessee that is a general
law city with a population of less than 50,000, or the public
schoolhouse is surplus school property and the grounds of the
schoolhouse are located in an unincorporated area and are leased
to a lessee that is a civic organization, and the property is to be
used for community center purposes and no public school education
is to be conducted on the property by either the lessor or the lessee
and the property is not being used by persons under the age of 21
years for recreational purposes at any time during which alcoholic
beverages are being sold or consumed on the premises.

(4) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated veterans
stadium with a capacity of over 12,000 people, located in a county
with a population of over 6,000,000 people. As used in this
paragraph, “events” mean football games sponsored by a college,
other than a public community college, or other events sponsored
by noncollege groups.

(5) The alcoholic beverages are acquired, possessed, or used
during an event not sponsored by any college at a performing arts
facility built on property owned by a community college district
and leased to a nonprofit organization that is a public benefit
corporation formed under Part 2 (commencing with Section 5110)
of Division 2 of Title 1 of the Corporations Code. As used in this
paragraph, “performing arts facility” means an auditorium with
more than 300 permanent seats.

(6) The alcoholic beverage is wine for sacramental or other
religious purposes and is used only during authorized religious
services held on or before January 1, 1995.

(7) The alcoholic beverages are acquired, possessed, or used
during an event at a community center owned by a community
services district or a city and the event is not held at a time when
students are attending a public school-sponsored activity at the
center.

(8) The alcoholic beverage is wine that is acquired, possessed,
or used during an event sponsored by a community college district
or an organization operated for the benefit of the community
college district where the college district maintains both an
instructional program in viticulture on no less than five acres of
land owned by the district and an instructional program in enology,
which includes sales and marketing.

(9) The alcoholic beverage is acquired, possessed, or used at a
professional minor league baseball game conducted at the stadium
of a community college located in a county with a population of
less than 250,000 inhabitants, and the baseball game is conducted
pursuant to a contract between the community college district and
a professional sports organization.

(10) The alcoholic beverages are acquired, possessed, or used
during events at a college-owned or college-operated stadium or
other facility. As used in this paragraph, “events” means fundraisers
held to benefit a nonprofit corporation that has obtained a license
pursuant to this division for the event. “Events” does not include
football games or other athletic contests sponsored by any college
or public community college. This paragraph shall not apply to
any public education facility in which any grade from kindergarten
to grade 12, inclusive, is schooled.

(11) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license, permit, or authorization obtained under this
division, for an event held at an overnight retreat facility owned
and operated by a county office of education or a school district
at times when pupils are not on the grounds.

(12) The grounds of the public schoolhouse on which the
alcoholic beverage is acquired, possessed, used, or consumed is
property that has been developed and is used for residential
facilities or housing that is offered for rent, lease, or sale
exclusively to faculty or staff of a public school or community
college.

(13) The grounds of a public schoolhouse on which the alcoholic
beverage is acquired, possessed, used, or consumed is property of
a community college that is leased, licensed, or otherwise provided
for use as a water conservation demonstration garden and
community passive recreation resource by a joint powers agency
comprised of public agencies, including the community college,
and the event at which the alcoholic beverage is acquired,
possessed, used, or consumed is conducted pursuant to a written
policy adopted by the governing body of the joint powers agency
and no public funds are used for the purchase or provision of the
alcoholic beverage.

(14) The alcoholic beverage is beer or wine acquired, possessed,
used, sold, or consumed only in connection with a course of
instruction, sponsored dinner, or meal demonstration given as part
of a culinary arts program at a campus of a California community
college and the person has been authorized to acquire, possess,
use, sell, or consume the beer or wine by the governing body or
other administrative head of the school.

(15) The alcoholic beverages are possessed, consumed, or sold,
pursuant to a license or permit obtained under this division for
special events held at the facilities of a public community college
during the special event. As used in this paragraph, “special event”
means events that are held with the permission of the governing
board of the community college district that are festivals, shows,
private parties, concerts, theatrical productions, and other events
held on the premises of the public community college and for
which the principal attendees are members of the general public
or invited guests and not students of the public community college.

(16) The alcoholic beverages are acquired, possessed, or used
during an event at a community college-owned facility in which
any grade from kindergarten to grade 12, inclusive, is schooled,
if the event is held at a time when students in any grades from
kindergarten to grade 12, inclusive, are not present at the facility.
As used in this paragraph, “events” include fundraisers held to
benefit a nonprofit corporation that has obtained a license pursuant
to this division for the event.

(17) The alcoholic beverages are acquired, possessed, used, or
consumed pursuant to a license or permit obtained under this
division for special events held at facilities owned and operated
by an educational agency, a county office of education,
superintendent of schools, school district, or community college
district at a time when pupils are begin delete generally end delete not on the grounds. As
used in this paragraph, “facilities” includes, but are not limited to,
office complexes, conference centers, or retreat facilities.

(b) Any person convicted of a violation of this section shall, in
addition to the penalty imposed for the misdemeanor, be barred
from having or receiving any privilege of the use of public school
property which is accorded by Article 2 (commencing with Section
82537) of Chapter 8 of Part 49 of Division 7 of Title 3 the
Education Code.