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
begin delete a certifiedend delete RBS training course 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 that begin delete a certifiedend delete
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 begin delete certifiedend delete RBS training courses and would authorize the department to collect fees to cover the reasonable costs of begin delete certification and recertification of RBS training courses.end delete 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 would begin 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 delete 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
4to Chapter 16 of Division 9 of the Business and Professions Code,
For purposes of this article:
9 20(a)end delete
21 “Alcohol server” means a person who sells or serves
begin delete beverages,end delete or a person
23who manages or supervises a person who sells or serves alcoholic
begin delete beverages,end delete 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
16 29(b)end delete
30 “RBS training course” means a Responsible Beverage
31Service training course
begin delete certified by the department pursuant toend delete
32 Section 25682.
19 33(c)end delete
34 “Self-training and assessment” means a process where the
35individual trains, and takes an assessment, without the presence
36or intervention of a trainer or
begin delete instructor,end delete and includes,
37but is not limited to, training and assessment through the use of a
38computer program or the Internet.
(a) Notwithstanding any laws to the contrary, beginning
2July 1, 2020, an alcohol server shall successfully complete
begin delete a RBS training course within three months of employment and every three years
6(b) The licensee shall ensure that those persons required to
begin delete a certifiedend delete RBS training course do so. A
8current certificate or card provided by any
begin delete approved training courseend delete
9 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
17(d) An alcohol server shall be subject to the provisions of
18subdivisions (b) and (c) of Section 25602.
(a) On or before January 1, 2020, the department shall
20establish a list, published on the department’s Internet Web site,
begin delete certifiedend delete RBS training courses that may be used to fulfill the requirements of Section
begin deleteA certified end deleteRBS 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
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 of
begin delete a certifiedend delete RBS training course and
3assessment. A minimum score of 70 percent on the assessment
4shall be required to successfully complete the course.
begin deleteA certified end deleteRBS 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 in
begin delete a certifiedend delete
12 RBS training course.
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
P5 1 17(d)end delete
18 At least one
begin 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 one
begin delete certifiedend delete RBS training course shall
22be offered in Spanish. If no RBS training courses meet these
23requirements, Section 25681 shall not apply.
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.
(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
begin delete suchend delete 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
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