BILL ANALYSIS                                                                                                                                                                                                    

                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2121 (Gonzalez) - Alcoholic beverage control:  Responsible  
          Beverage Service Training Program Act of 2016
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          |Version: June 21, 2016          |Policy Vote: G.O. 13 - 0        |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Debra Cooper        |
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          This bill meets the criteria for referral to the Suspense File.

          Summary:  AB 2121 would establish the Responsible Beverage  
          Service (RBS) Training Program Act of 2016, beginning July 1,  
          2020, that will require an alcohol server, as defined, to  
          successfully complete an RBS training course from an accredited  
          training provider within three months of employment and every  
          three years thereafter. 


           Ongoing costs of approximately $250,000 per year for the  
            initial development, evaluation, testing, and implementation  
            of the RBS Training Program and  two analyst positions for  
            establishing the rulemaking process, establishing the  
            credentialing process, establishing the auditing program,  
            preparation of outreach information and web design for  
            information. (Alcohol Beverage Control Fund (ABCF))


          AB 2121 (Gonzalez)                                     Page 1 of  

           Unknown costs for development of IT, administrative, and  
            educational structures to support the program. Costs are  
            expected to decrease over time. (ABCF)

           Unknown additional costs to approve accreditation agencies  
            other than the American National Standards Institute (ANSI).  
            There is a potential source of revenue for a fee for the  
            review and approval of accreditation agencies; however, it is  
            currently unknown whether any such accreditation agencies  
            other than ANSI exist. (ABCF)

           Minor and absorbable costs for enforcement. (ABCF)

          RBS training is not required in California although some cities  
          and counties do require RBS training to sell or serve alcoholic  
          beverages at licensed establishments within their jurisdiction. 

          The Department of Alcoholic Beverage Control (ABC) currently  
          oversees the Licensee Education on Alcohol and Drugs (LEAD)  
          Program, which is a free, voluntary, prevention and education  
          class offered for retail licensees, their employees, and  
          applicants. The LEAD Program provides practical information on  
          serving alcoholic beverages safely, responsibly, and legally,  
          preventing illicit drug activity, and more. At the conclusion of  
          the class, an exam is given and each person that fulfills all of  
          the training requirements receives a certificate certifying that  
          they successfully completed a LEAD training course. 

          Proposed Law:  
            This bill would establish the RBS Training Program and,  
          beginning July, 1, 2020, would require alcohol servers, as  
          defined, to complete an RBS training course from an accredited  
          training provider, as defined, within three months of employment  
          and every three years thereafter. 


          AB 2121 (Gonzalez)                                     Page 2 of  

          Specifically, this bill would:
           Define "alcohol server" and "accredited training provider"
           Stipulates that a licensee must ensure that those required to  
            successfully complete an RBS training course do so.
           Stipulate that a current certificate or card provided by an  
            accredited training provider shall be accepted throughout the  
           Provide that a nonprofit organization that has obtained a  
            temporary daily on-sale license or a temporary daily off-sale  
            license from the department shall designate a person or  
            persons to receive RBS training prior to the event who must  
            also remain on site for the duration of the event.
           Require ABC, by January 1, 2020, to publish a list on its  
            Internet Web site of RBS training courses provided by  
            accredited RBS training providers.
           Provide that an RBS training course must consist of at least  
            four hours of instruction and include certain information, and  
            authorize ABC to establish additional training standards and  
           Require at least one RBS training course to cost a participant  
            no more than $15 and at least one RBS training course to be  
            offered in Spanish.
           Allow ABC to authorize an accreditation agency, in addition to  
            ANSI, to accredit training providers to offer RBS training  
            courses and to collect fees to cover the reasonable costs  
            associated with the review and approval of that accreditation  
           Require that ABC, beginning January 1, 2019, include  
            information on RBS training course requirements on the  
            application for an authorized license and with the license  
            renewal notices sent to authorized licensees, and requires  
            licensees to maintain records necessary to establish  
            compliance with this bill.
           Stipulate that, beginning July 1, 2020, an authorized licensee  
            who knowingly and intentionally employs someone who has not  
            completed an RBS training course shall only be subject to  
            certain ABC Act civil and administrative penalties.

          Comments:  The primary revenue source for the Alcohol Beverage  
          Control Fund is derived from original license fees, annual  
          renewal fees, and special service fees. Excise taxes, fees, and  


          AB 2121 (Gonzalez)                                     Page 3 of  
          penalties are collected into this fund and transferred to the  
          General Fund. However, ABC receives no funding from the General  
          Fund to cover expenditures associated with its public mandates. 

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