BILL ANALYSIS �
AB 2073
Page 1
Date of Hearing: April 10, 2014
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Hall III, Isadore, Chair
AB 2073 (Bigelow) - As Amended: March 28, 2014
SUBJECT : Alcoholic beverage control: public schoolhouses.
SUMMARY : Allows for the consumption and sale of alcoholic
beverages for "special events" held at facilities (such as
conference centers and office complexes) 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 generally not on the grounds.
Such use would require a license or permit from the Department
of Alcohol Beverage Control (ABC). Specifically, this bill :
1) Provides 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
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 generally
not on the grounds.
2) Specifies that "facilities" includes, but are not limited
to, office complexes, conference centers, or retreat facilities.
EXISTING LAW :
1) Establishes ABC and grants it exclusive authority to
administer the provisions of the ABC Act in accordance with laws
enacted by the Legislature.
2) Generally prohibits, with specified exceptions, the
possession, consumption and sale of alcoholic beverages in any
public school (K-14) or any grounds thereof. Over the years,
numerous legislative exceptions have been granted to school
districts to allow for the possession and use of alcoholic
beverages on school grounds. These include instances where a
qualified community college district conducts viticulture
instructional programs or, in the case of one exception,
permitting the consumption of alcohol in conjunction with a
AB 2073
Page 2
professional minor league baseball program at a community
college stadium or culinary arts programs at California
Community Colleges.
FISCAL EFFECT : Unknown.
COMMENTS :
As noted above, current law prohibits the sale, possession or
consumption of alcoholic beverages on the grounds of a public
school (K-14) or any grounds thereof and provides various
exceptions to this prohibition. The exceptions were intended to
generate additional revenue for community colleges by licensing,
permitting or leasing college facilities for wedding receptions,
bar mitzvahs and a range of corporate, civic and cultural uses.
Such events are predicated on alcohol service.
AB 319 (Norby), Statutes of 2011, permitted the sale and
consumption of alcohol on community college campuses statewide,
during special events, when the proper license or permit has
been issued by ABC and authority has been granted by the
community college district.
The Legislature has generally approved exceptions to the
prohibition on a site by site basis and under very narrow
circumstances.
Purpose of the bill : According to the author, this bill would
permit groups that rent out conference centers, office
complexes, or retreat facilities owned by an educational
institution to serve alcohol at their events when students are
generally not on the grounds. Under current law, the
possession, consumption, sale, delivery, or giving of any
alcoholic beverage on the grounds of a schoolhouse is
prohibited, except for certain exemptions established in
statute. In 2010, AB 1860 (Tom Berryhill), Statutes of 2010,
authorized the possession, consumption, or sale of alcoholic
beverages for an event during the weekend or at other times when
pupils are not on the grounds of any overnight retreat facility
owned and operated by any county office of education or school
district.
The author notes that under current law, a county office of
education, superintendent of schools, school district, or
community college district cannot rent on-campus conference
AB 2073
Page 3
centers or office complexes for community events (weddings,
conferences, community service club fundraisers, etc.) if
alcoholic beverages will be served. As a result, schools are
losing out on extra revenue that may be generated from allowing
groups to rent out these facilities when pupils are not on the
grounds. Such events would require a license or permit from
ABC.
Policy consideration : To clarify the general intent of the
bill, the author might consider deleting "generally" from the
bill on page 5, line 18. This would make the bill consistent
with other related exemptions which have been granted by the
Legislature.
Prior legislation : AB 319 (Norby), Chapter 672, Statutes of
2011. Permits the sale and consumption of alcohol on community
college campuses statewide, during special events, when the
proper license or permit has been issued by ABC and authority
has been granted by the community college district.
AB 1643 (Smyth), Chapter 79, Statutes of 2010. Permits
alcoholic beverages to be acquired, possessed, or used during
events held at a community college-owned facility used to school
K-12 students, if the event is held at a time when students in
any grades from K-12 are not present at the facility, defines
"events" to include fundraisers held to benefit a nonprofit that
has obtained an appropriate ABC license for the event.
AB 1448 (Tom Berryhill), Chapter 399, Statutes of 2009. Created
an exception to the general
prohibition against the consumption of alcoholic beverages on
publicly owned school property by allowing alcoholic beverages
to be sold and consumed for an event during the weekend or at
other times when pupils are not on the rounds of an overnight
retreat facility owned and operated by the county office of
education in Stanislaus County.
AB 1598 (Price), Chapter 149, Statutes of 2007. Created a new
exception to the existing prohibition against the sale or
consumption of alcoholic beverages on the grounds of a public
school to enable culinary arts programs at a campus of a
California Community College to buy, use, sell or consume wine
or beer only in connection with a sponsored dinner, course of
instruction, or meal demonstration.
AB 2073
Page 4
AB 767 (Mullin), Chapter 204, Statutes of 2005. Provides that
the prohibition against the sale or consumption of alcoholic
beverage on the grounds of a public schoolhouse does not apply
if the grounds 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 district.
AB 2416 (Assembly Governmental Organization), Chapter 639,
Statutes of 1998). Authorized the consumption of alcohol at
fund-raisers held at college facilities has been included at the
request of the California Community Colleges, who are interested
in obtaining a more general authorization allowing college
foundations or other auxiliary nonprofit organizations to use
their facilities for ABC approved events. Additionally, the
bill authorized the County Offices of Education in a county of
the 18th class to allow alcohol on its grounds.
REGISTERED SUPPORT / OPPOSITION :
Support
Family Winemakers of California
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531