Bill Text: CA AB888 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Alcoholic beverages: open containers: school grounds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB888 Detail]

Download: California-2009-AB888-Enrolled.html

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BILL NUMBER: AB 888	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 3, 2009
	AMENDED IN SENATE  JUNE 10, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Price

                        FEBRUARY 26, 2009

   An act to add Section 25608.2 to the Business and Professions
Code, relating to alcoholic beverages.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 888, Price. Alcoholic beverages: open containers: school
grounds.
   Under the Alcoholic Beverage Control Act, any person possessing an
open container of an alcoholic beverage in specified areas is guilty
of an infraction if an ordinance prohibits the consumption of
alcoholic beverages in those areas.
   This bill would prohibit, as an infraction, the possession of an
alcoholic beverage container, or consumption of an alcoholic
beverage, on a public street, alley, or sidewalk within 600 feet of
the property line of a public or private school, with specified
exceptions.
   By creating a new crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25608.2 is added to the Business and
Professions Code, to read:
   25608.2.  (a) Any person who possesses an open alcoholic beverage
container or consumes an alcoholic beverage on a public street,
public alley, or public sidewalk within 600 feet of the property line
of a facility that is a public or private school that provides
prekindergarten, elementary, or secondary education is guilty of an
infraction, and shall be punished by a fine of not more than two
hundred and fifty dollars ($250) or shall be required to perform not
less than 24 hours or more than 32 hours of community service during
hours when the person is not employed or is not attending school, or
a combination of fine and community service as determined by the
court. A second or subsequent violation of this section shall be
punished by a fine of not more than five hundred dollars ($500), or
the person shall be required to perform not less than 36 hours or
more than 48 hours of community service during hours when the person
is not employed or is not attending school, or a combination of fine
and community service, as the court deems just.
   (b) (1) This section does not apply when an individual is in
possession of an open alcoholic beverage container for the purpose of
recycling or other related activity.
   (2) This section does not apply when the possession of an open
alcoholic beverage container, or the consumption of an alcoholic
beverage, occurs at a duly licensed event or is otherwise authorized
pursuant to this division.
   (3) This section does not apply when the possession of an open
alcoholic beverage container, or the consumption of an alcoholic
beverage, occurs at a private residence where a private school
provides education from kindergarten to grade 12, inclusive, pursuant
to Section 48222 of the Education Code.
   (c) The penalties imposed by this section do not preclude
prosecution or the imposition of penalties under any other provision
of law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.