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
begin delete sold and applications for the issuance or renewal of that license are signed under the penalty of perjury.end delete 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 an RBS training course offered by an accredited training provider 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 an 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 RBS training courses and would authorize the department to collect fees to cover the reasonable costs of review and approval of accreditation agencies. 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
begin delete provisions and would
provide that alcohol servers are subject to specified criminal and civil penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.end delete
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.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
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:
11(a) “Accredited training provider” means either of the following:
12(1) A training provider accredited by the American National
13Standards Institute (ANSI) that meets ASTM International
14E2659-15 Standard Practice for Certificate Programs.
15(2) A training provider accredited by an accreditation agency
16other than ANSI, provided the accreditation agency is authorized
17by the department to accredit training providers offering RBS
19(b) “Alcohol server” means a
person who sells or serves
20alcoholic beverages directly to consumers, or a person who
21manages or supervises a person who sells or serves alcoholic
22 beverages directly to consumers, including the onsite establishment
23owner of a licensed facility, for consumption on the premises of
24a licensed facility that includes, but is not limited to, one-day
25events, fairs, festivals, sporting events, and other special events.
26(c) “RBS training course” means a Responsible Beverage
27Service training course that meets the requirements of subdivision
28(b) of Section 25682.
29(d) “Self-training and assessment” means a process where the
30individual trains, and takes an assessment, without the presence
31or intervention of a trainer or instructor and includes, but is not
32limited to, training and assessment through the use of a computer
33program or the Internet.
(a) Notwithstanding any laws to the contrary, beginning
35July 1, 2020, an alcohol server shall successfully complete an RBS
36training course from an accredited training provider within three
37months of employment and every three years thereafter.
P4 1(b) The licensee shall ensure that those persons required to
2successfully complete an RBS training course do so. A current
3certificate or card provided by any accredited training provider
4shall be sufficient documentation of successful completion and
5shall be accepted throughout the state.
6(c) A nonprofit organization that has obtained a temporary daily
7on-sale license or a temporary daily off-sale license from the
8department shall designate a person or persons to receive RBS
9training prior to the event and that designated person or those
10designated persons shall remain on site for the duration of the
12(d) An alcohol server shall be subject to the provisions of
13subdivisions (b) and (c) of Section 25602.
(a) On or before January 1, 2020, the department shall
15establish a list, published on the department’s Internet Web site,
16of RBS training courses offered by accredited training providers
17that may be used to fulfill the requirements of Section 25681.
18(b) (1) An RBS training course shall consist of at
19hours of instruction and include, but shall not be limited to, the
21(A) The social impact of alcohol.
22(B) The impact of alcohol on the body.
23(C) State laws and regulations relating to alcoholic beverage
24control, including laws and regulations related to driving under
26(D) Intervention techniques to prevent the service or sale of
27alcoholic beverages to underage persons or intoxicated patrons.
28(E) The development of management policies that support the
29prevention of service or sale of alcoholic beverages to underage
30persons or intoxicated patrons.
31(F) The course shall provide basic, introductory instruction on
32the elements described in subparagraphs (A) to (E), inclusive.
33(2) An RBS training course may be offered through a trainer-led
34class and assessment or self-training and assessment.
35(3) An RBS certificate or card shall be issued only upon
36successful completion of an RBS training course and assessment.
37A minimum score of 70 percent on the assessment shall be required
38to successfully complete the course.
39(4) An RBS training course shall issue a certificate or card to
40individuals who successfully complete a course. The certificate or
P5 1card shall be valid for three years from the original date of issuance,
2regardless of whether the alcohol server changes employers during
4(5) The department may, by regulation, establish additional
5training standards and curricula to be included in an RBS training
7(c) At least one RBS training course shall cost a participant no
8more than fifteen dollars ($15), inclusive of the certificate or card
9provided upon successful completion of the training course. At
10least one RBS training course shall be offered in Spanish. If no
11RBS training courses meet these requirements, Section 25681 shall
13(d) The department may authorize an accreditation agency, in
14addition to ANSI, to accredit training providers to offer RBS
15training courses and may collect fees to cover the reasonable costs
16associated with the review and approval of that accreditation
(a) Beginning January 1, 2019, the department shall
19include information on the RBS training course requirement
20pursuant to Section 25681, including information on documentation
21requirements, on the application for an authorized license and with
22the license renewal notices sent to authorized licensees.
23(b) Beginning July 1, 2020, all authorized licensees shall
24maintain, and provide upon request by the department, all records
25necessary to establish compliance with this section.
26(c) Beginning July 1, 2020, an authorized licensee, or agent or
27employee of that licensee, who knowingly and intentionally
28employs an alcohol server that has not completed an RBS training
29course shall only be subject to the civil and administrative penalties
30authorized by this division.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P6 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California