AB 2121, as amended, Gonzalez. Alcoholic beverage control: Responsible Beverage Service Training Program 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 Beverage Service (RBS) Training Program Act of 2016, beginning July 1, 2020, that
would require an alcohol server, as defined, to successfully complete a certified RBS training course within 3 months of employment and every 3 years thereafter. The bill would provide that a certified RBS 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, 2020, to establish a list published on the department’s Internet Web site of certified RBS training
begin delete courses and, beginning January 1, 2019,end delete to provide information on RBS training requirements on applications for, and renewals of, authorized licenses. The bill, beginning July 1, 2020, would require all authorized licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions and would make it a misdemeanor for an authorized licensee, or that licensee’s agent or employee, to permit any alcoholic beverage to be consumed on the premises without possessing a valid training certificate or card. By creating a new 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:
This act shall be known, and may be cited, as the
2Responsible Beverage Service Training Program Act of 2016.
Article 4 (commencing with Section 25680) is added
2to Chapter 16 of Division 9 of the Business and Professions Code,
For purposes of this article:
9(a) “Alcohol server” means a person who sells or serves
10alcoholic beverages, or a person who manages or supervises a
11person who sells or serves alcoholic beverages, including the onsite
12establishment owner of a licensed facility, for consumption on the
13premises of a
begin delete licensed facility.end delete
16(b) “RBS training course”
means a Responsible Beverage
17Service training course certified by the department pursuant to
19(c) “Self-training and assessment” means a process where the
20individual trains, and takes an assessment, without the presence
21or intervention of a trainer or instructor, and includes, but is not
22limited to, training and assessment through the use of a computer
23program or the Internet.
(a) Notwithstanding any laws to the contrary, beginning
25July 1, 2020, an alcohol server shall successfully complete a
26certified RBS training course within three months of employment
27and every three years thereafter.
28(b) The licensee shall ensure that those persons required to
29successfully complete a certified RBS training course do so. A
30current certificate or card provided by any approved training course
31provider shall be sufficient documentation of successful completion
32and shall be accepted throughout the state.
35 39(c)end delete
P4 1 An alcohol server shall be subject to the provisions of
2subdivisions (b) and (c) of Section 25602.
(a) On or before January 1, 2020, the department shall
4establish a list, published on the department’s Internet Web site,
5of certified RBS training courses that may be used to fulfill the
6requirements of Section 25681.
7(b) (1) A certified RBS training course shall consist of at least
8four hours of instruction and include, but shall not be limited to,
9the following information:
10(A) The social impact of alcohol.
11(B) The impact of alcohol on the body.
12(C) State laws
and regulations relating to alcoholic beverage
13control, including laws and regulations related to driving under
15(D) Intervention techniques to prevent the service or sale of
16alcoholic beverages to underage persons or intoxicated patrons.
17(E) The development of management policies that support the
18prevention of service or sale of alcoholic beverages to underage
19persons or intoxicated patrons.
20(F) The course shall provide basic, introductory instruction on
21the elements described in subparagraphs (A) to (E), inclusive.
22(2) An RBS training course may be offered through a trainer-led
23class and assessment or self-training and assessment.
24(3) An RBS certificate or card shall be issued only upon
25successful completion of a certified RBS training course and
26assessment. A minimum score of 70 percent on the assessment
27shall be required to successfully complete the course.
28(4) A certified RBS training course shall issue a certificate or
29card to individuals who successfully complete a course. The
30certificate or card shall be valid for three years from the original
31date of issuance, regardless of whether the alcohol server changes
32employers during that period.
33(5) The department may, by regulation, establish additional
34training standards and curricula to be included in a certified RBS
36(c) The department shall establish minimum standards and
37promulgate regulations for the training and scope of practice by
38January 1, 2018, for a person who sells or serves alcoholic
P5 1(d) At least one certified RBS training course shall cost a
2participant no more than fifteen dollars ($15), inclusive of the
3certificate or card provided upon successful completion of the
4training course. At least one certified RBS training course shall
5be offered in Spanish. If no RBS training courses meet these
6requirements, Section 25681 shall not apply.
7(e) The department shall review a certified RBS training course
8at least once every three years after the course is approved.
(a) Beginning January 1, 2019, the department shall
13include information on the RBS training course requirement
14pursuant to Section 25681, including information on documentation
15requirements, on the application for an authorized license and with
16the license renewal notices sent to authorized licensees.
17(b) Beginning July 1, 2020, all authorized licensees shall
18maintain, and provide upon request by the department, all records
19necessary to establish compliance with this section.
20(c) Beginning July 1, 2020, an authorized licensee, or agent or
21employee of such licensee, who permits any alcoholic beverage
22to be consumed by any person on the premises without possessing
23a valid training certificate or card is guilty of a misdemeanor.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California