Alcoholic Beverages at Educational Facilities Business and Professions Code § 25608 (CCD) - School & College Legal Services of California

Alcohol is not allowed on school grounds except in limited circumstances.

Effective January 1, 2015, Business and Professions Code § 25608(a)(17) allows alcoholic beverages at educational facilities as follows:

LEGAL UPDATE

January 7, 2015

To: Superintendents/Presidents/Chancellors, Member Community College Districts

From: Patrick C. Wilson, Senior Associate General Counsel

Subject: Alcoholic Beverages at Educational Facilities Business and Professions Code § 25608

Memo No. 01-2015(CC)

Alcohol is not allowed on school grounds except in limited circumstances.

Effective January 1, 2015, Business and Professions Code § 25608(a)(17) allows alcoholic beverages at educational facilities as follows:

“When the alcoholic beverages are acquired, possessed, used, or consumed pursuant to a license or permit obtained under this division 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. As used in this paragraph, “facilities” includes, but are not limited to, office complexes, conference centers, or retreat facilities.”

This new provision will provide school districts and community college districts added flexibility when renting or using facilities they own and operate for social events. Note: an ABC permit would still likely be required for the special event.

Other exceptions to the alcohol prohibition are set forth in the attached list.

Also attached is a proposed policy that institutes “best practices” if alcohol is served pursuant to any of these exceptions.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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