BILL ANALYSIS                                                                                                                                                                                                    ”



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          ASSEMBLY THIRD READING


          AB  
          2121 (Gonzalez)


          As Amended  May 31, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Governmental    |18-0 |Gray, Alejo, Bonta,   |                    |
          |Organization    |     |Campos, Cooley,       |                    |
          |                |     |Cooper, Daly,         |                    |
          |                |     |Gallagher, Cristina   |                    |
          |                |     |Garcia, Eduardo       |                    |
          |                |     |Garcia, Gipson,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger HernŠndez,      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Jones-Sawyer, Levine, |                    |
          |                |     |Maienschein, Salas,   |                    |
          |                |     |Waldron, Wilk         |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-4 |Gonzalez, Bloom,      |Gallagher, Jones,   |
          |                |     |Bonilla, Bonta,       |Obernolte, Wagner   |
          |                |     |Calderon, Daly,       |                    |
          |                |     |Eggman, Eduardo       |                    |








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          |                |     |Garcia, Roger         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  This bill establishes the Responsible Beverage Service  
          (RBS) Training Program, beginning July 1, 2020.  Specifically,  
          this bill: 


          1)Provides beginning July 1, 2020, an alcohol server shall  
            successfully complete a certified RBS training course within  
            three months of employment and every three years thereafter. 
          2)Provides a nonprofit organization that has obtained a  
            temporary daily on-sale license or a temporary daily on-sale  
            license from ABC shall designate a person or persons to  
            receive RBS training prior to the event and that designated  
            person or those designated persons shall remain on site for  
            the duration of the event.  


          3)Provides the licensee shall ensure that those persons required  
            to successfully complete a certified RBS training course do  
            so.  A current certificate or card provided by any approved  
            training course provider shall be sufficient documentation of  
            successful completion and shall be accepted throughout the  
            state.


          4)Specifies on or before January 1, 2020, Alcoholic Beverage  
            Control (ABC) shall establish a list, published on the  
            department's Internet Web site, of certified RBS training  
            courses that may be used to fulfill the requirements, as  
            defined. 









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          5)Provides a certified RBS training course shall consist of at  
            least four hours of instruction and cover certain information,  
            including the impact of alcohol on the body and state laws and  
            regulations related to alcoholic beverage control.  The RBS  
            training course may be offered through a trainer-led class and  
            assessment or self-training and assessment.


          6)Provides an RBS certificate or card shall be issued only upon  
            successful completion of a certified RBS training course and  
            assessment.  A minimum score of 70% on the assessment shall be  
            required to successfully complete the course.  A certified RBS  
            training course shall issue a certificate or card to  
            individuals who successfully complete a course.  The  
            certificate or card shall be valid for three years from the  
            original date of issuance, regardless of whether the alcohol  
            server changes employers during that period. 


          7)Provides ABC may, by regulation, establish additional training  
            standards and curricula to be included in a certified RBS  
            training course.


          8)Provides ABC shall establish minimum standards and promulgate  
            regulations for the training and scope of practice by January  
            1, 2018, for a person who sells or serves alcoholic beverages.


          9)Requires at least one RBS course to be offered for less than  
            $15 and at least one RBS course to be offered in Spanish.   
            Provides ABC shall review a certified RBS training course at  
            least once every three years after the course is approved.   
            ABC may collect fees as part of the certification or  
            recertification process to cover the reasonable costs  
            associated with the certification and recertification of RBS  
            training courses.









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          10)Specifies beginning January 1, 2019, ABC shall include  
            information on the RBS training course requirement, as  
            defined, including information on documentation requirements,  
            on the application for an authorized license and with the  
            license renewal notices sent to authorized licensees.


          11)Provides beginning July 1, 2020, all authorized licensees  
            shall maintain, and provide upon request by ABC, all records  
            necessary to establish compliance, as specified.


          12)Specifies beginning July 1, 2020, an authorized licensee, or  
            agent or employee of such licensee, who permits any alcoholic  
            beverage to be consumed by any person on the premises without  
            possessing a valid training certificate or card is guilty of a  
            misdemeanor.


          13)Defines "Alcohol server" means a person who sells or serves  
            alcoholic beverages, or a person who manages or supervises a  
            person who sells or serves alcoholic beverages, including the  
            onsite establishment owner of a licensed facility, for  
            consumption on the premises of a licensed facility that  
            includes, but is not limited to, one-day events, fairs,  
            festivals, sporting events, and other special events.


          EXISTING LAW:  


          1)The Alcoholic Beverage Control Act, administered by ABC,  
            regulates the granting of licenses for the manufacture,  
            distribution, and sale of alcoholic beverages within the  
            state. 


          2)Defines an "On-sale" license as authorizing the sale of all  








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            types of alcoholic beverages namely, beer, wine and distilled  
            spirits, for consumption on the premises (such as at a  
            restaurant or bar).


          3)Provides that every person who sells, furnishes, gives, or  
            causes to be sold, furnished, or given away, any alcoholic  
            beverage to any habitual or common drunkard or to any  
            obviously intoxicated person is guilty of a misdemeanor.


          4)States no person who sells, furnishes, gives, or causes to be  
            sold, furnished, or given away, any alcoholic beverage shall  
            be civilly liable to any injured person or the estate of such  
            person for injuries inflicted on that person as a result of  
            intoxication by the consumer of such alcoholic beverage.


          5)Allows ABC to issue licenses and authorizations for the retail  
            sale of beer, wine and distilled spirits on a temporary basis  
            for special events (Special Daily Beer and/or Wine License,  
            Daily On Sale General License).


          6)States a cause of action may be brought by or on behalf of any  
            person who has suffered injury or death against any person  
            licensed, or required to be licensed, as specified, or any  
            person authorized by the federal government to sell alcoholic  
            beverages on a military base or other federal enclave, who  
            sells, furnishes, gives or causes to be sold, furnished or  
            given away any alcoholic beverage, and any other person who  
            sells, or causes to be sold, any alcoholic beverage, to any  
            obviously intoxicated minor where the furnishing, sale or  
            giving of that beverage to the minor is the proximate cause of  
            the personal injury or death sustained by that person.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:  1) Moderate costs to ABC in the range of $250,000  








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          annually in the first three years of the program to develop,  
          evaluate, and implement this program.  This includes two  
          additional positions to assist with the rulemaking process as  
          well as the additional overhead required to accommodate  
          additional certification processes (Alcohol Beverage Control  
          Fund); and 2) ABC will continue to incur additional costs to  
          maintain the program and review courses, but those costs are  
          expected to decrease over time.  Moreover, ABC may require a fee  
          for certification and recertification, helping offset costs.  


           Purpose of the bill:  According to the information provided by  
          the author, the Licensee Education on Alcohol and Drugs (LEAD)  
          program and RBS are not required in California, meaning many  
          bartenders and servers are not prepared to recognize patrons who  
          have been over-served and to safely intervene to prevent  
          tragedy.  Excessive alcohol consumption can impair an  
          individual's mental and physical abilities, which creates a  
          public safety risk when an individual operates a motor vehicle  
          while intoxicated.  When individuals drive under the influence,  
          it not only puts the driver at risk -- it threatens the lives of  
          passengers and all others who share the road.  The social cost  
          is clear, as drunk driving causes the deaths of 10,000 of our  
          loved ones every year.


          The author states by requiring a beverage server be trained to  
          intervene before patrons become over-served alcohol can play an  
          important role in ensuring that the public is protected.  This  
          bill can follow the lead of 18 other states and the District of  
          Columbia by making this training a requirement of those serving  
          alcoholic beverages to patrons.


          The author additionally notes according to "the National Highway  
          Traffic Safety Administration, more than 10,000 people die on  
          our streets every year - the equivalent of one fatality every 51  
          minutes due to drunk driving.  While we cannot entirely stop  
          every individual from making bad decisions that put innocent  








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          people at risk, we do have a responsibility to intervene when we  
          can."


          The author notes, "While law enforcement does its best with  
          checkpoints and other enforcement, these approaches only help  
          after someone has already made the choice to get behind the  
          wheel when they should not.  Bottom line, this is not good  
          enough.  By establishing a uniform, standard education  
          requirement for all servers, California can improve the  
          likelihood that a server will intervene upfront before a patron  
          become a danger or commit a crime.  And that saves lives."


          The author contends this bill "will ensure that all servers  
          learn the necessary skills to protect the patron, public, server  
          and business.  We know drunk driving ruins lives and kills too  
          many innocent people.  That is why we need to make sure those on  
          the front line are equipped to help."


          Background:  RBS is not mandatory in California.  However, some  
          cities and counties do require RBS training to sell or serve  
          alcoholic beverages at establishments within those  
          jurisdictions.  For instance, the City of Solana Beach requires  
          training within 30 days of being hired - certification is valid  
          for three years.  The City of Berkeley requires training within  
          90 days of being hired - certification is valid for two years.   
          The City of Rohnert Park mandates training within 60 days of  
          being hired.  The City of Petaluma requires training within 90  
          days of being hired - certification is valid for three years.



          ABC offers a free and voluntary four-hour class, called Licensee  
          Education on Alcohol and Drugs, or LEAD, for retail licensees,  
          their employees and applicants.  In 1991, the program began due  
          to a grant from the California Office of Traffic Safety.  The  
          LEAD Program provides the licensee and applicant with practical  








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          information on serving alcoholic beverages safely, responsibly,  
          and legally, and preventing illicit drug activity at the  
          licensed establishment.  At the conclusion of the class, an exam  
          is given on the material that was covered.  Each person that  
          fulfills all of the training requirements receives a  
          certificate, via email, certifying that they successfully  
          completed a LEAD training course. 

          The LEAD Program is one of several training programs that offer  
          responsible beverage service training.  ABC provides a list of  
          other RBS training providers on its web site.  ABC encourages  
          its licensees to participate in these classes as a means to  
          minimize the risk of liability for criminal, civil and ABC  
          regulatory actions, to potentially lower liability insurance  
          premiums, and to develop strategies for addressing challenging  
          situations associated with the sale of alcohol.  ABC does not  
          offer the LEAD Program in languages other than English.


          California Dram Shop Law: Under current state law, owners of  
          bars, restaurants and liquor stores can face criminal  
          misdemeanor charges (which carry penalties of six to 12 months  
          in county jail, a minimum $1,000 fine, or both) and be held  
          liable for civil damages to an injured third party where such  
          owners serve a minor who is visibly intoxicated.  A vendor who  
          provides alcohol to a person 21 years of age or older cannot be  
          held liable for damages if the person then injures someone else,  
          even if the person was obviously intoxicated at the time.  The  
          law states that the consumption of alcohol, not the furnishing  
          of the beverages, is the proximate cause of injuries that an  
          intoxicated person inflicts on another individual, a position  
          that largely eliminates dram shop liability.   


           In Support:  According to the Federal Centers for Disease  
          Prevention and Control, representing local health departments  
          throughout our state, "Excessive alcohol use can lead to  
          increased risk of health problems including injuries, violence,  
          liver disease, and cancer. AB 2121 seeks to mitigate these risks  








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          by requiring responsible beverage service training programs.   
          These training programs would educate servers on the impact of  
          alcohol, current laws and regulations, and intervention  
          techniques to prevent sales to underage and intoxicated persons.  
           Local health departments support efforts that promote public  
          health of our communities and reduce the risks associated with  
          alcoholic beverage consumption."


          According to the California Medical Association, binge drinking,  
          defined as consuming five or more drinks for men and four or  
          more drinks for women, is strongly associated with  
          alcohol-impaired driving.  An analysis of the Behavioral Risk  
          Factors Surveillance System survey found that over 10% of binge  
          drinkers drove during or within two hours of binge drinking. Of  
          those, over 50% reported that they had been drinking at a  
          licensed establishment.  RBS training provides bartenders and  
          servers with tools to effectively identify when a patron has had  
          too much to drink, and how to safely intervene if the patron  
          attempts to get into their car.  RBS has been found to increase  
          appropriate server practices, increase refusal to serve  
          obviously intoxicated patrons, and decrease the percentage of  
          intoxicated patrons leaving an establishment.  Three years after  
          Oregon mandated responsible beverage service training, fatal  
          single vehicle nighttime crashes decreased by an estimated 23%.


          Analysis Prepared by:                                             
                          Eric Johnson / G.O. / (916) 319-2531  FN:  
          0003386

















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