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AB-934 Alcoholic beverages: possession: Mokelumne River. (2017-2018)

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Date Published: 02/16/2017 09:00 PM
AB934:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 934


Introduced by Assembly Member Flora

February 16, 2017


An act to add Section 25608.13 to the Business and Professions Code, relating to alcoholic beverages.


LEGISLATIVE COUNSEL'S DIGEST


AB 934, as introduced, Flora. Alcoholic beverages: possession: Mokelumne River.
(1) The Alcoholic Beverage Control Act regulates the possession, sale, and importation of alcohol. The act makes it an infraction to possess a container of an alcoholic beverage, as specified, on portions of certain rivers during summer holiday months when the county board of supervisors for the area at issue has prohibited the consumption of alcoholic beverages on the land adjacent to portions of these rivers.
This bill would make it an infraction for specified persons on certain portions of the Mokelumne River from possessing a container, as defined, with an alcoholic beverage during a summer period for which the San Joaquin County Board of Supervisors has prohibited the consumption of an alcoholic beverage or possession of an open alcoholic beverage container on the land portions of the Stillman Magee County Park. The bill would require the County of San Joaquin to provide notice on the land portions along the Mokelumne River that this conduct is punishable as an infraction.
Because this bill would create a new crime and require the County of San Joaquin to provide notice on the land portions along the river that this conduct is punishable as an infraction, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for County of San Joaquin.
(2) 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 25608.13 is added to the Business and Professions Code, to read:

25608.13.
 (a) On the portion of the Mokelumne River, from the eastern limits of the Mokelumne River Day Use Area below the Camanche Dam to the western limits of Stillman Magee County Park, a person in a vessel, as defined by Section 651 of the Harbors and Navigation Code, or a bather, as defined by Section 651.1 of the Harbors and Navigation Code, shall not possess a container with an alcoholic beverage, whether opened or closed, during a period in the summer for which the San Joaquin County Board of Supervisors has prohibited the consumption of an alcoholic beverage or possession of an open alcoholic beverage container on the land portions of the Stillman Magee County Park.
(b) For purposes of this section, “container” means a bottle, can, or other receptacle.
(c) A violation of this section is punishable as an infraction pursuant to subdivision (b) of Section 25132 of the Government Code.
(d) The County of San Joaquin shall provide notice on the land portions along the Mokelumne River described in subdivision (a) that a violation of this section is punishable as an infraction.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique problem of prevalent consumption of alcohol during certain summer holiday periods on this portion of the Mokelumne River.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.