BILL NUMBER: AB 2121 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Gonzalez
( Coauthor: Assembly Member
Eduardo Garcia )
(Coauthor: Senator Pan)
FEBRUARY 17, 2016
An act to add Article 4 (commencing with Section 25680) to Chapter
16 of Division 9 of the Business and Professions Code, relating to
alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
AB 2121, as amended, Gonzalez. Alcoholic beverage control:
Responsible Interventions for Beverage Servers Training
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 Interventions for Beverage Servers (RIBS)
Training Responsible Beverage Service (RBS) Training
Prog ram Act of 2016, beginning July 1, 2020, that
would require an alcohol server, as defined, to successfully complete
an approved RIBS a certified RBS
training course within 3 months of employment and every 3 years
thereafter. The bill would provide that an approved RIBS
a certified 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, 2019, 2020,
to establish a list published on the department's Internet Web
site of approved RIBS certified RBS
training courses and and, beginning January
1, 2019, to provide information on RIBS
RBS training requirements on applications for, and renewals
of, authorized licenses. 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.
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. By expanding the
definition of a creating a new 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:
SECTION 1. This act shall be known, and may be cited, as the
Responsible Interventions for Beverage Servers Training
Responsible Beverage Service Training Program
Act of 2016.
SEC. 2. Article 4 (commencing with Section 25680) is added to
Chapter 16 of Division 9 of the Business and Professions Code, to
read:
Article 4. Responsible Interventions for Beverage
Servers (RIBS) Training Responsible Beverage Service
(RBS) Training Program Act of 2016
25680. For purposes of this article:
(a) "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.
(b) "RIBS "RBS training
course" means a Responsible Interventions for Beverage
Servers Responsible Beverage Service training
course approved certified by the
department pursuant to Section 25682.
(c) "Self-training and assessment" means a process where the
individual trains, and takes an assessment, without the presence or
intervention of a trainer or instructor, and includes, but is not
limited to, training and assessment through the use of a computer
program or the Internet.
25681. (a) Beginning Notwithstanding any
laws to the contrary, beginning July 1, 2020, an alcohol server
shall successfully complete an approved RIBS
a certified RBS training course within three months of
employment and every three years thereafter.
(b) The licensee shall ensure that those persons required to
successfully complete an approved RIBS 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.
(c) An alcohol server shall be subject to the provisions of
subdivisions (b) and (c) of Section 25602.
25682. (a) On or before January 1, 2019,
2020, the department shall establish a list, published on the
department's Internet Web site, of approved RIBS
certified RBS training courses that may be used to fulfill
the requirements of Section 25681.
(b) (1) An approved RIBS A
certified RBS training course shall consist of at least four
hours of instruction and include, but shall not be limited to, the
following information:
(A) The social impact of alcohol.
(B) The impact of alcohol on the body.
(C) State laws and regulations relating to alcoholic beverage
control, including laws and regulations related to driving under the
influence.
(D) Intervention techniques to prevent the service or sale of
alcoholic beverages to underage persons or intoxicated patrons.
(E) The development of management policies that support the
prevention of service or sale of alcoholic beverages to underage
persons or intoxicated patrons.
(F) The course shall provide basic, introductory instruction on
the elements described in subparagraphs (A) to (E), inclusive.
(2) A RIBS An RBS training course
may be offered through a trainer-led class and assessment or
self-training and assessment.
(3) A RIBS An RBS certificate or
card shall be issued only upon successful completion of an
approved RIBS a certified RBS training course
and assessment. A minimum score of 70 percent on the assessment shall
be required to successfully complete the course.
(4) An approved RIBS 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.
(5) The department may, by regulation, establish additional
training standards and curricula to be included in an
approved RIBS a certified RBS training course.
(c) The department 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.
(d) At least one approved RIBS certified
RBS training course shall cost a participant no more than
fifteen dollars ($15), inclusive of the certificate or card provided
upon successful completion of the training course. At least one
approved RIBS certified RBS training
course shall be offered in Spanish. If no RIBS
RBS training courses meet these requirements, Section
25681 shall not apply.
(e) The department shall review an approved RIBS
a certified RBS training course at least once
every three years after the course is approved.
25683. (a) Beginning January 1, 2019, the department shall
include information on the RIBS RBS
training course requirement pursuant to Section 25681, including
information on documentation requirements, on the application for
a an authorized license and with the
license renewal notices sent to authorized licensees.
(b) Beginning January 1, 2020, a licensee applying for a new
license that authorizes alcohol to be served on the licensed premises
shall certify on the application that all employees of the licensee
subject to Section 25681 either have successfully completed a RIBS
training course or, within the first calendar year of the issuance of
the license, will have successfully completed a RIBS training
course. The licensee shall provide the department with documentation
of successful completion.
(c) Beginning January 1, 2020, a licensee applying for the renewal
of the license that authorizes alcohol to be served on the licensed
premises shall certify on the application, and provide the department
with documentation, that all employees of the licensee subject to
Section 25681 have successfully completed a RIBS training course.
(b) Beginning July 1, 2020, all authorized licensees shall
maintain, and provide upon request by the department, all records
necessary to establish compliance with this section.
(c) 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.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.