AB 2121,
as amended, Gonzalez. Alcoholic beverage control:begin delete Responsible Interventions for Beverage Servers Trainingend deletebegin insert Responsible Beverage Service Training Programend insert 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 thebegin delete Responsible Interventions for Beverage Servers (RIBS) Trainingend deletebegin insert
Responsible Beverage Service (RBS) Training Programend insert Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully completebegin delete an approved RIBSend deletebegin insert a certified RBSend insert training course within 3 months of employment and every 3 years thereafter. The bill would provide thatbegin delete an approved RIBSend deletebegin insert a certified RBSend insert 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,begin delete 2019,end deletebegin insert
2020,end insert to establish a list published on the department’s Internet Web site ofbegin delete approved RIBSend deletebegin insert certified RBSend insert training coursesbegin delete andend deletebegin insert and, beginning January 1, 2019,end insert to provide information onbegin delete RIBSend deletebegin insert RBSend insert training requirements on applications for, and renewals of,begin insert authorizedend insert licenses.begin delete The bill would also require new applicants and renewal applicants for specified licenses to certify, and provide the department with documentation, that its employees have successfully completed a RIBS training course.end deletebegin insert
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 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.end insert Bybegin delete expanding the definition of aend deletebegin insert creating a newend 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:
This act shall be known, and may be cited, as the
2begin delete Responsible Interventions for Beverage Servers Trainingend delete
3begin insert Responsible Beverage Service Training Programend insert Act of 2016.
Article 4 (commencing with Section 25680) is added
2to Chapter 16 of Division 9 of the Business and Professions Code,
3to read:
4
For purposes of this article:
10(a) “Alcohol server” means a person who sells or serves
11alcoholic beverages, or a person who managesbegin insert or supervisesend insert a
12person who sells or serves alcoholic beverages,begin insert including the onsite
13establishment owner of a licensed facility,end insert for consumption on the
14premises of a licensed facility.
15(b) begin delete“RIBS end deletebegin insert“RBS
end inserttraining course” means abegin delete Responsible begin insert Responsible Beverage Serviceend insert
16Interventions for Beverage Serversend delete
17 training coursebegin delete approvedend deletebegin insert certifiedend insert by the department pursuant to
18Section 25682.
19(c) “Self-training and assessment” means a process where the
20individual trains, and takes an assessment, without the presence
21or intervention of a trainer or instructor, and includes, but is not
22limited to, training and assessment through the use of a computer
23program or the
Internet.
(a) begin deleteBeginning end deletebegin insertNotwithstanding any laws to the
25contrary, beginning end insertJuly 1, 2020, an alcohol server shall
26successfully completebegin delete an approved RIBSend deletebegin insert a certified RBSend insert training
27course within three months of employment and every three years
28thereafter.
29(b) The licensee shall ensure that those persons required to
30successfully completebegin delete an approved RIBSend deletebegin insert
a certified RBSend insert training
31course do so. A current certificate or card provided by any
32approved training course provider shall be sufficient documentation
33of successful completion and shall be accepted throughout the
34state.
35
(c) An alcohol server shall be subject to the provisions of
36subdivisions (b) and (c) of Section 25602.
(a) On or before January 1,begin delete 2019,end deletebegin insert 2020,end insert the department
38shall establish a list, published on the department’s Internet Web
39site, ofbegin delete approved RIBSend deletebegin insert certified RBSend insert training courses that may be
40used to fulfill the requirements of Section 25681.
P4 1(b) (1) begin deleteAn approved RIBS end deletebegin insertA
certified RBS end inserttraining course shall
2consist of at least four hours of instruction and include, but shall
3not be limited to, the following information:
4(A) The social impact of alcohol.
5(B) The impact of alcohol on the body.
6(C) State laws and regulations relating to alcoholic beverage
7control, including laws and regulations related to driving under
8the influence.
9(D) Intervention techniques to prevent the service or sale of
10alcoholic beverages to underage persons or intoxicated patrons.
11(E) The development of management policies that support the
12prevention of service or
sale of alcoholic beverages to underage
13persons or intoxicated patrons.
14(F) The course shall provide basic, introductory instruction on
15the elements described in subparagraphs (A) to (E), inclusive.
16(2) begin deleteA RIBS end deletebegin insertAn RBS end inserttraining course may be offered through a
17trainer-led class and assessment or self-training and assessment.
18(3) begin deleteA RIBS end deletebegin insertAn RBS end insertcertificate or card shall be issued only upon
19successful
completion ofbegin delete an approved RIBSend deletebegin insert a certified RBSend insert training
20course and assessment. A minimum score of 70 percent on the
21assessment shall be required to successfully complete the course.
22(4) begin deleteAn approved RIBS end deletebegin insertA certified RBS end inserttraining course shall
23issue a certificate or card to individuals who successfully complete
24a course. The certificate or card shall be valid for three years from
25the original date of issuance, regardless of whether the alcohol
26server changes employers during that period.
27(5) The department may, by regulation, establish additional
28training standards and curricula to be included inbegin delete an approved begin insert a certified RBSend insert training course.
29RIBSend delete
30(c) The department shall establish minimum standards and
31promulgate regulations for the training and scope of practicebegin insert by
32January 1, 2018,end insert for a person who sells or serves alcoholic
33beverages.
34(d) At least onebegin delete approved RIBSend deletebegin insert
certified RBSend insert training course
35shall cost a participant no more than fifteen dollars ($15), inclusive
36of the certificate or card provided upon successful completion of
37the training course. At least onebegin delete approved RIBSend deletebegin insert certified RBSend insert
38 training course shall be offered in Spanish. If nobegin delete RIBSend deletebegin insert RBSend insert training
39courses meet these requirements, Section 25681 shall not apply.
P5 1(e) The department shall reviewbegin delete an approved RIBSend deletebegin insert
a certified
2RBSend insert training course at least once every three years after the course
3is approved.
(a) Beginning January 1, 2019, the department shall
5include information on thebegin delete RIBSend deletebegin insert RBSend insert training course requirement
6pursuant to Section 25681, including information on documentation
7requirements, on the application forbegin delete aend deletebegin insert an authorizedend insert license and
8with the license renewal notices sent tobegin insert
authorizedend insert licensees.
9(b) Beginning January 1, 2020,
a licensee applying for a new
10license that authorizes alcohol to be served on the licensed premises
11shall certify on the application that all employees of the licensee
12subject to Section 25681 either have successfully completed a
13RIBS training course or, within the first calendar year of the
14issuance of the license, will have successfully completed a RIBS
15training course. The licensee shall provide the department with
16documentation of successful completion.
17(c) Beginning January 1, 2020, a licensee applying for the
18
renewal of the license
that authorizes alcohol to be served on the
19licensed premises shall certify on the application, and provide the
20department with documentation, that all employees of the licensee
21subject to Section 25681 have successfully completed a RIBS
22training course.
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 such licensee, who permits any alcoholic beverage to
28be consumed by any person on the premises without possessing a
29
valid training certificate or card is guilty of a misdemeanor.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.
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