BILL ANALYSIS �
Bill No: AB
2073
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Lou Correa, Chair
2013-2014 Regular Session
Staff Analysis
AB 2073 Author: Bigelow
As Amended: April 22, 2014
Hearing Date: June 24, 2014
Consultant: Art Terzakis
SUBJECT
Alcoholic Beverages on Public School Premises: exceptions
DESCRIPTION
AB 2073 creates a new exception in the Alcoholic Beverage
Control (ABC) Act with respect to the prohibition against
the possession, consumption and sale of alcoholic beverages
in any public school (K-14) or any grounds thereof.
Specifically, this measure:
1)Permits alcoholic beverages to be acquired, possessed,
used, 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 not
on the grounds.
2)Provides that "facilities" includes, but are not limited
to, office complexes, conference centers, or retreat
facilities.
EXISTING LAW
The enactment of the 21st Amendment to the U.S.
Constitution in 1933 repealed the 18th Amendment and ended
the era of Prohibition. Accordingly, states were granted
the authority to establish alcoholic beverage laws and
administrative structures to regulate the sale and
distribution of alcoholic beverages.
AB 2073 (Bigelow) continued
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Existing law 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.
The ABC Act 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 community college school
grounds. For example:
AB 3071 (Governmental Organization Committee),
Chapter 508/2008, authorized the possession, use, sale
or consumption of alcoholic beverages in connection
with special events held at the facilities of a public
community college, located in Los Angeles County or
Alameda County. AB 1748 (Hill), Chapter 84/2010,
expanded this particular exception to include San
Mateo County.
SB 1486 (Hollingsworth), Chapter 72/2006,
authorized alcoholic beverages to be served and
consumed on the grounds of the Water Conservation
Demonstration Garden on the campus of Cuyamaca College
in Rancho San Diego.
SB 220 (Chesbro), Chapter 203/2005, authorized Napa
Valley College to sell wine it produces as part of the
College's instructional program in viticulture and
enology.
AB 767 (Mullin), Chapter 204/2005, authorized the
possession and consumption of alcoholic beverages in
residential facilities or housing offered for rent,
lease, or sale exclusively to faculty or staff of San
Mateo Community College.
SB 572 (Maddy), Chapter 90/1997, authorized the
possession and use of alcoholic beverages during
nonprofit fundraising events held at Memorial Stadium
on the Bakersfield College campus. "Events" does not
include football games or other athletic contests held
at the college.
AB 2073 (Bigelow) continued
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SB 113 (Thompson), Chapter 238/1993, authorized the
possession and use of alcoholic beverages on public
school grounds as follows: (a) at events sponsored by
Napa Community College (currently known as Napa Valley
College) which has an instructional program on
viticulture and enology; and, (b) at a professional
minor league baseball game conducted at the stadium of
a community college (Butte Community College) located
in a county with a population of less than 250,000
inhabitants.
BACKGROUND
Purpose of AB 2073: As noted above, current law prohibits
the sale, possession or consumption of alcoholic beverages
on the grounds of a public school (K-14) yet 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 alcoholic beverage service.
The author's office points out that for the most part,
under current law, facilities owned and operated by an
educational agency, a county office of education,
superintendent of schools, school district, or community
college district cannot be rented for community events
(weddings, conferences, community service club fundraisers,
etc.) if alcoholic beverages will be served. As a result,
schools forego extra revenue that could be generated from
allowing various groups to rent out these facilities when
pupils are not on the grounds.
The author's office states that this measure would expand
the scope of facilities on public school grounds that would
be permitted to serve alcoholic beverages by including
conference centers, office complexes, and retreat
facilities owned and operated by an educational
institution. An ABC license or permit would be required in
addition to approval from the educational institution and
the events must be scheduled at a time when pupils are not
on the grounds.
PRIOR/RELATED LEGISLATION
AB 2073 (Bigelow) continued
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AB 319 (Norby), Chapter 672, Statutes of 2012. Expanded
an existing exception to the general prohibition against
the consumption of alcoholic beverages on publicly owned
school property (K-14) that is currently applicable only to
special events held at community colleges in the Counties
of Los Angeles, Alameda, and San Mateo to include community
colleges in all counties.
AB 1643 (Smyth), Chapter 79, Statutes of 2010. Permitted
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.
AB 1860 (Tom Berryhill), Chapter 239, Statutes of 2010.
Allowed any county office of education or school district
in the state that owns and operates an overnight retreat
facility to have an event at the overnight retreat facility
where alcoholic beverages can be possessed, consumed or
sold, provided the event is held during weekends or at
times when pupils are not on the grounds. Under current
law only Marin and Stanislaus have this authority.
AB 1748 (Hill), Chapter 84, Statutes of 2010. Expanded an
existing exception to the general prohibition against the
consumption of alcoholic beverages on publicly owned
school property (K-14) applicable to special events
held at a community college in a county of the first class
(Los Angeles) and in a county of the fourth class (Alameda)
to also include a community college located in a county of
the 10th class (San Mateo).
AB 1448 (Tom Berryhill), Chapter 399, Statutes of 2009.
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 an
overnight retreat facility owned and operated by the County
Office of Education in Stanislaus County.
SUPPORT: As of June 20, 2014:
Family Winemakers of California
Madera County Office of Education
AB 2073 (Bigelow) continued
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OPPOSE: None on file as of June 20, 2014.
FISCAL COMMITTEE: Senate Appropriations Committee
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