BILL ANALYSIS
AB 1941
Page 1
Date of Hearing: April 24, 2002
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Patricia Wiggins, Chair
AB 1941 (Havice) - As Amended: April 4, 2002
SUBJECT : Rave parties: permits.
SUMMARY : Requires local permit granting authorities of rave
parties to notify law enforcement when considering issuance of a
permit. Specifically, this bill :
1)Defines a "rave party" as an electronic music dance event that
may be attended by 500 or more persons.
2)Requires any local permit granting authority (permit
authority) to notify the local law enforcement agency that has
jurisdiction over the proposed location of the rave party
during the permit consideration process.
3)Requires the promoter of the rave party, before the permit is
granted, to present the permit authority with evidence that it
is sufficiently knowledgeable about illegal drugs and related
paraphernalia so that it is equipped to identify them at a
rave party.
4)Requires the promoter, before the permit is granted, to
acknowledge in writing that he or she or others managing the
event will not condone, or ignore violations of state and
local laws regarding the presence, possession, sale, or use of
drugs and drug paraphernalia at any rave party covered by the
permit.
EXISTING LAW requires law enforcement to be notified by the
authority for a limited number of events such as farmers
markets.
FISCAL EFFECT : Unknown
COMMENTS :
1)"Raves" are all night dance parties sometimes attended by as
many as 20,000 youths who dance to repetitive electronic music
played by disc jockeys. Raves first appeared in Britain and
the United States in the mid-1980s and have since spread to
AB 1941
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other countries. Raves are noted for their liberal use of
drugs such as 3,4-methylenedioxymethamphetamine (MDMA;
"ecstasy") and gamma-hydroxybutyrate (GHB).
2)Because alcohol is often not available at raves there is
usually no age restriction on admission. Raves typically last
all night and are held at different venues each time.
Originally, raves were held at clandestine locations such as
farmers' fields, with news of the location released just hours
before the event in an attempt to deter police surveillance.
More often now raves are held in legal spaces such as concert
halls, underground parking lots and warehouses.
3)According to the U.S. Department of Drug Enforcement,
"Paraphernalia used at rave parties include menthol nasal
inhalers, Vicks Vapor Rub, eye drops, surgical masks, and glow
sticks (to enhance the visual effects of Ecstasy). These
items are frequently accompanied by Skittles, M&Ms, or similar
candy containers (to hide the drug); lollipops and pacifiers
(to prevent involuntary teeth clenching); water, juice, sports
drinks, and soft drinks (sold at inflated prices and used to
manage excessive body heat and dehydration); and drug testing
kits to allow rave-goers to test the purity of the drug."
4)Club drugs have become such an integral part of the rave
circuit that there no longer appears to be an attempt to
conceal their use. An unscientific poll of a group of 19
year-olds, who themselves have attended rave parties,
indicates that it has also become commonplace for security
personnel at these parties to ignore drug use and sales on the
premises. Many teens do not perceive these drugs as harmful
or dangerous despite the fact that overdoses or impurities
have resulted in severe injuries and death.
5)This bill addresses two things. It ensures that the rave
party promoters are knowledgeable about the different types of
drugs that may be present, and requires them to acknowledge
in writing (i.e., a form) that they will not permit, condone or
ignore violations of state
and local drug laws. Regarding the same form, the Committee may
wish to consider an amendment requiring the promoter to list
prior rave events for purposes of identifying possible past
instances of criminal activity (i.e., drug busts, deaths as a
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result of overdose, etc.). If criminal activity is found to
exist, it would make tracking for the permit authority more
efficient, and could be grounds for denying a future permit.
Secondly, the bill requires the permit authority to apprise the
appropriate local law enforcement agency of the rave party
while considering issuance of the permit. Together, these
requirements seek to place the burden of the presence of drugs
squarely on the promoter in the hope that it will discourage
the proliferation of drug use.
6)The bill contains no provision for criminal liability by the
promoter nor any mechanism to discern if the promoter is or
isn't condoning the presence of drugs. However, the bill does
create clear civil liability, and gives the ability to an
individual such as a parent to sue in the case of wrongful
death or other torts.
7)This bill has been double-referred to the Committee on Public
Safety.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
Attorney General None on file
CA Narcotics Officers Association [SPONSOR]
CA State Sheriffs' Association
CA Peace Officers' Association
Los Angeles Deputy Sheriffs'. Inc.
Analysis Prepared by : Frances Chacon / L. GOV. / (916)
319-3958