Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2121


Introduced by Assembly Member Gonzalez

(Coauthor: Senator Pan)

February 17, 2016


An act to add Article 4 (commencing with Section 25680) to Chapter 16 of Division 9 of the Business and Professions Code, relating to alcoholic beverages.

LEGISLATIVE COUNSEL’S DIGEST

AB 2121, as amended, Gonzalez. Alcoholic beverage control: Responsible Interventions for Beverage Servers Training Act of 2016.

The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Under existing law, any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold and applications for the issuance or renewal of that license are signed under the penalty of perjury. Currently, the Licensee Education on Alcohol and Drugs (LEAD) program is a voluntary prevention and education program for retail licensees, their employees, and applicants, regarding alcohol responsibility and the law.

This bill would, in addition to the LEAD program, establish the Responsible Interventions for Beverage Servers (RIBS) Training Act of 2016, beginning July 1, 2020, that would requirebegin delete a person who sells or serves alcoholic beverages, or who manages persons who sell or serve, in an on-sale retail licensed premisesend deletebegin insert an alcohol server, as defined,end insert to successfully complete an approved RIBS training course within 3 months of employment and every 3 years thereafter. The bill would provide that an approved RIBS training course include information on, among other things, state laws and regulations relating to alcoholic beverage control and the impact of alcohol on the body. The bill would require the Department of Alcoholic Beverage Control, on or before January 1,begin delete 2020,end deletebegin insert 2019,end insert to establish a list published on the department’s Internet Web site of approved RIBS training courses and to provide information on RIBS training requirements on applications for, and renewals of,begin delete on-saleend delete licenses. The bill would also require new applicants and renewal applicantsbegin insert for specified licensesend insert to certify, and provide the department with documentation, that its employees have successfully completed a RIBS training course. By expanding the definition of a 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

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SECTION 1.  

This act shall be known, and may be cited, as the
2Responsible Interventions for Beverage Servers Training Act of
32016.

4

SEC. 2.  

Article 4 (commencing with Section 25680) is added
5to Chapter 16 of Division 9 of the Business and Professions Code,
6to read:

7 

8Article 4.  Responsible Interventions for Beverage Servers
9(RIBS) Training Act of 2016
10

 

11

25680.  

For purposes of thisbegin delete article, “RIBS training course”
12means a Responsible Interventions for Beverage Servers training
13course approved by the department pursuant to Section 25682.end delete

14
begin insert article:end insert

begin insert

P3    1
(a) “Alcohol server” means a person who sells or serves
2alcoholic beverages, or a person who manages a person who sells
3or serves alcoholic beverages, for consumption on the premises
4of a licensed facility.

end insert
begin insert

5
(b) “RIBS training course” means a Responsible Interventions
6for Beverage Servers training course approved by the department
7pursuant to Section 25682.

end insert
begin insert

8
(c) “Self-training and assessment” means a process where the
9individual trains, and takes an assessment, without the presence
10or intervention of a trainer or instructor, and includes, but is not
11limited to, training and assessment through the use of a computer
12program or the Internet.

end insert
13

25681.  

(a) Beginning July 1, 2020,begin delete a person who sells or serves
14alcoholic beverages, or a person who manages a person who sells
15or serves alcoholic beverages, for consumption on the premises
16of an on-sale retail licenseeend delete
begin insert an alcohol serverend insert shall successfully
17complete an approved RIBS training course within three months
18of employment and every three years thereafter.

19(b) Thebegin delete on-sale retailend delete licensee shall ensure that those persons
20required to successfully complete an approved RIBS training course
21do so. Abegin delete certificate provided by theend deletebegin insert current certificate or card
22provided by any approvedend insert
training course provider shall be
23sufficient documentation of successfulbegin delete completion.end deletebegin insert completion
24and shall be accepted throughout the state.end insert

25

25682.  

(a) On or before January 1,begin delete 2020,end deletebegin insert 2019,end insert the department
26shall establish a list, published on the department’s Internet Web
27site, of approved RIBS training courses that may be used to fulfill
28the requirements of Section 25681.

29(b) (1) An approved RIBS training course shall consist of at
30least four hours of instruction and include, but shall not be limited
31to, the following information:

32(A) The social impact of alcohol.

33(B) The impact of alcohol on the body.

34(C) State laws and regulations relating to alcoholic beverage
35control, including laws and regulations related to driving under
36the influence.

37(D) Intervention techniques to prevent the service or sale of
38alcoholic beverages to underage persons or intoxicated patrons.

P4    1(E) The development of management policies that support the
2prevention of service or sale of alcoholic beverages to underage
3persons or intoxicated patrons.

begin insert

4
(F) The course shall provide basic, introductory instruction on
5the elements described in subparagraphs (A) to (E), inclusive.

end insert
begin insert

6
(2) A RIBS training course may be offered through a trainer-led
7class and assessment or self-training and assessment.

end insert
begin insert

8
(3) A RIBS certificate or card shall be issued only upon
9successful completion of an approved RIBS training course and
10assessment. A minimum score of 70 percent on the assessment
11shall be required to successfully complete the course.

end insert
begin insert

12
(4) An approved RIBS training course shall issue a certificate
13or card to individuals who successfully complete a course. The
14certificate or card shall be valid for three years from the original
15date of issuance, regardless of whether the alcohol server changes
16employers during that period.

end insert
begin delete

24 17(2)

end delete

18begin insert(5)end insert The department may, by regulation, establish additional
19training standards and curricula to be included in an approved
20RIBS training course.

begin insert

21
(c) The department shall establish minimum standards and
22promulgate regulations for the training and scope of practice for
23a person who sells or serves alcoholic beverages.

end insert
begin insert

24
(d) At least one approved RIBS training course shall cost a
25participant no more than fifteen dollars ($15), inclusive of the
26certificate or card provided upon successful completion of the
27training course. At least one approved RIBS training course shall
28be offered in Spanish. If no RIBS training courses meet these
29requirements, Section 25681 shall not apply.

end insert
begin delete

27 30(c)

end delete

31begin insert(e)end insert The department shall review an approved RIBS training
32course at least once every three years after the course is approved.

33

25683.  

(a) Beginning January 1,begin delete 2020,end deletebegin insert 2019,end insert the department
34shall include information on the RIBS training course requirement
35pursuant to Section 25681, including information on documentation
36requirements, on the application forbegin delete an on-sale retailend deletebegin insert aend insert license and
37with the license renewal notices sent tobegin delete on-sale retailend delete licensees.

38(b) Beginning January 1, 2020,begin delete an on-sale retailend deletebegin insert aend insert licensee
39applying for a new licensebegin insert that authorizes alcohol to be served on
40the licensed premisesend insert
shall certify on the application that all
P5    1employees of the licensee subject to Section 25681 either have
2successfully completed a RIBS training course or, within the first
3calendar year of the issuance of the license, will have successfully
4completed a RIBS training course. The licensee shall provide the
5department with documentation of successful completion.

6(c) Beginning January 1, 2020,begin delete an on-sale retailend deletebegin insert aend insert licensee
7applying for the renewal of the licensebegin insert that authorizes alcohol to
8be served on the licensed premisesend insert
shall certify on the application,
9and provide the department with documentation, that all employees
10of the licensee subject to Section 25681 have successfully
11completed a RIBS training course.

12

SEC. 3.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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