Assembly Bill 2073 (“AB 2073”), which becomes law on January 1, 2015, creates an exception to the prohibition against the sale or consumption of alcoholic beverages on the grounds of K-12 district facilities if the beverages are acquired, possessed, used, sold, or consumed under a license or permit obtained for special events held at a time when students are not on the grounds.
Existing law generally prohibits the sale or consumption of alcoholic beverages on public school district property, although a number of exceptions to this prohibition already exist, including exceptions that allow alcohol during certain special events held at the facilities of public community colleges. According to the author of AB 2073, those exceptions were intended to generate additional revenue for community colleges, which could lease their facilities for a range of corporate, civic and cultural uses and include alcoholic beverage service. Under existing law, however, facilities owned and operated by K-12 school districts could not do the same if alcoholic beverages were to be served. As a result, K-12 schools lost the opportunity to generate extra revenue by leasing out facilities to different groups for use when students are not on the school grounds.
AB 2073, which amends Business and Professions Code section 25608, subdivision (a), creates another exception to include K-12 public school properties. The new exception applies to 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” at times when students are not on the grounds. AB 2073 provides that the term “facilities” includes, but is not limited to, “office complexes, conference centers or retreat facilities.”
The new law will allow K-12 districts, community college districts and other local education agencies more flexibility in renting their facilities for fundraisers and other events which include alcoholic beverages so long as a license or permit is obtained and students are not present.
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F3 NewsFlash prepared by Kathleen J. McKee and John W. Norlin.
Kathy is a Partner in the F3 San Diego office.
John is Special Counsel in the F3 San Diego office.
This F3 NewsFlash is a summary only and not legal advice. We recommend that you consult with legal counsel to determine how this legal development may apply to your specific facts and circumstances. Information on a free NewsFlash subscription can be found at www.f3law.com.
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