Amended in Senate June 21, 2016

Amended in Assembly May 31, 2016

Amended in Assembly May 11, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2121


Introduced by Assembly Member Gonzalez

(Coauthor: Assembly Member Eduardo Garcia)

(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 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 completebegin delete a certifiedend deletebegin insert anend insert RBS training coursebegin insert offered by an accredited training providerend insert within 3 months of employment and every 3 years thereafter. The bill would require a nonprofit organization that obtained a temporary daily on-sale or off-sale license to designate a person or persons to receive RBS training before the event and would require that person or those persons to remain on site for the duration of the event. The bill would provide thatbegin delete a certifiedend deletebegin insert anend insert 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 ofbegin delete certifiedend delete RBS training courses and would authorize the department to collect fees to cover the reasonable costs ofbegin delete certification and recertification of RBS training courses.end deletebegin insert review and approval of accreditation agencies.end insert The bill, beginning January 1, 2019, would require the department 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 wouldbegin delete 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 newend deletebegin insert provide that alcohol servers are subject to specified criminal and civil penalties. By expanding the scope of an existingend insert 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:

P3    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Responsible Beverage Service Training Program Act of 2016.

3

SEC. 2.  

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

6 

7Article 4.  Responsible Beverage Service (RBS) Training
8Program Act of 2016
9

 

10

25680.  

For purposes of this article:

begin insert

11
(a) “Accredited training provider” means either of the
12following:

end insert
begin insert

13
(1) A training provider accredited by the American National
14Standards Institute (ANSI) that meets ASTM International
15E2659-15 Standard Practice for Certificate Programs.

end insert
begin insert

16
(2) A training provider accredited by an accreditation agency
17other than ANSI, provided the accreditation agency is authorized
18by the department to accredit training providers offering RBS
19training courses.

end insert
begin delete

9 20(a)

end delete

21begin insert(b)end insert “Alcohol server” means a person who sells or serves
22alcoholicbegin delete beverages,end deletebegin insert beverages directly to consumers,end insert or a person
23who manages or supervises a person who sells or serves alcoholic
24begin delete beverages,end deletebegin insert beverages directly to consumers,end insert including the onsite
25establishment owner of a licensed facility, for consumption on the
26premises of a licensed facility that includes, but is not limited to,
27one-day events, fairs, festivals, sporting events, and other special
28events.

begin delete

16 29(b)

end delete

30begin insert(c)end insert “RBS training course” means a Responsible Beverage
31Service training coursebegin delete certified by the department pursuant toend delete
32begin insert that meets the requirements of subdivision (b) ofend insert Section 25682.

begin delete

19 33(c)

end delete

34begin insert(d)end insert “Self-training and assessment” means a process where the
35individual trains, and takes an assessment, without the presence
36or intervention of a trainer orbegin delete instructor,end deletebegin insert instructorend insert and includes,
37but is not limited to, training and assessment through the use of a
38computer program or the Internet.

P4    1

25681.  

(a) Notwithstanding any laws to the contrary, beginning
2July 1, 2020, an alcohol server shall successfully completebegin delete a
3certifiedend delete
begin insert anend insert RBS training coursebegin insert from an accredited training
4providerend insert
within three months of employment and every three years
5thereafter.

6(b) The licensee shall ensure that those persons required to
7successfully completebegin delete a certifiedend deletebegin insert anend insert RBS training course do so. A
8current certificate or card provided by anybegin delete approved training courseend delete
9begin insert accredited trainingend insert provider shall be sufficient documentation of
10successful completion and shall be accepted throughout the state.

11(c) A nonprofit organization that has obtained a temporary daily
12on-sale license or a temporary daily off-sale license from the
13department shall designate a person or persons to receive RBS
14training prior to the event and that designated person or those
15designated persons shall remain on site for the duration of the
16event.

17(d) An alcohol server shall be subject to the provisions of
18subdivisions (b) and (c) of Section 25602.

19

25682.  

(a) On or before January 1, 2020, the department shall
20establish a list, published on the department’s Internet Web site,
21ofbegin delete certifiedend delete RBS training coursesbegin insert offered by accredited training
22providersend insert
that may be used to fulfill the requirements of Section
2325681.

24(b) (1) begin deleteA certified end deletebegin insertAn end insertRBS training course shall consist of at
25 least four hours of instruction and include, but shall not be limited
26to, the following information:

27(A) The social impact of alcohol.

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

29(C) State laws and regulations relating to alcoholic beverage
30control, including laws and regulations related to driving under
31the influence.

32(D) Intervention techniques to prevent the service or sale of
33alcoholic beverages to underage persons or intoxicated patrons.

34(E) The development of management policies that support the
35prevention of service or sale of alcoholic beverages to underage
36persons or intoxicated patrons.

37(F) The course shall provide basic, introductory instruction on
38the elements described in subparagraphs (A) to (E), inclusive.

39(2) An RBS training course may be offered through a trainer-led
40class and assessment or self-training and assessment.

P5    1(3) An RBS certificate or card shall be issued only upon
2successful completion ofbegin delete a certifiedend deletebegin insert anend insert RBS training course and
3assessment. A minimum score of 70 percent on the assessment
4shall be required to successfully complete the course.

5(4) begin deleteA certified end deletebegin insertAn end insertRBS training course shall issue a certificate
6or card to individuals who successfully complete a course. The
7certificate or card shall be valid for three years from the original
8date of issuance, regardless of whether the alcohol server changes
9employers during that period.

10(5) The department may, by regulation, establish additional
11training standards and curricula to be included inbegin delete a certifiedend deletebegin insert anend insert
12 RBS training course.

begin delete

13(c) The department shall establish minimum standards and
14promulgate regulations for the training and scope of practice by
15January 1, 2018, for a person who sells or serves alcoholic
16beverages.

end delete
begin delete

P5   1 17(d)

end delete

18begin insert(c)end insert At least onebegin delete certifiedend delete RBS training course shall cost a
19participant no more than fifteen dollars ($15), inclusive of the
20certificate or card provided upon successful completion of the
21training course. At least onebegin delete certifiedend delete RBS training course shall
22be offered in Spanish. If no RBS training courses meet these
23requirements, Section 25681 shall not apply.

begin delete

24(e) The department shall review a certified RBS training course
25at least once every three years after the course is approved.

26(f) The department may collect fees as part of the certification
27or recertification process to cover the reasonable costs associated
28with the certification and recertification of RBS training courses.

end delete
begin insert

29
(d) The department may authorize an accreditation agency, in
30addition to ANSI, to accredit training providers to offer RBS
31training courses and may collect fees to cover the reasonable costs
32associated with the review and approval of that accreditation
33agency.

end insert
34

25683.  

(a) Beginning January 1, 2019, the department shall
35include information on the RBS training course requirement
36pursuant to Section 25681, including information on documentation
37requirements, on the application for an authorized license and with
38the license renewal notices sent to authorized licensees.

P6    1(b) Beginning July 1, 2020, all authorized licensees shall
2maintain, and provide upon request by the department, all records
3necessary to establish compliance with this section.

4(c) Beginning July 1, 2020, an authorized licensee, or agent or
5employee ofbegin delete suchend deletebegin insert thatend insert licensee, who begin delete permits any alcoholic beverage
6to be consumed by any person on the premises without possessing
7a valid training certificate or card is guilty of a misdemeanor.end delete

8
begin insert knowingly and intentionally employs an alcohol server that has
9not completed an RBS training course shall only be subject to the
10civil and administrative penalties authorized by this division.end insert

11

SEC. 3.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.



O

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