BILL NUMBER: AB 2121 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
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 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 Beverage Service (RBS) Training Program Act of 2016,
beginning July 1, 2020, that would require an alcohol server, as
defined, to successfully complete a certified
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 a certified 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
certified RBS training courses and would authorize
the department to collect fees to cover the reasonable costs of
certification and recertification of RBS training courses.
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 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
creating a new 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.
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 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 Beverage Service (RBS) Training Program
Act of 2016
25680. For purposes of this article:
(a) "Accredited training provider" means either of the following:
(1) A training provider accredited by the American National
Standards Institute (ANSI) that meets ASTM International E2659-15
Standard Practice for Certificate Programs.
(2) A training provider accredited by an accreditation agency
other than ANSI, provided the accreditation agency is authorized by
the department to accredit training providers offering RBS training
courses.
(a)
(b) "Alcohol server" means a person who sells or serves
alcoholic beverages, beverages directly to
consumers, or a person who manages or supervises a person who
sells or serves alcoholic beverages,
beverages directly to consumers, 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.
(b)
(c) "RBS training course" means a Responsible Beverage
Service training course certified by the department pursuant
to that meets the requirements of
subdivision (b) of Section 25682.
(c)
(d) "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,
instructor and includes, but is not limited to,
training and assessment through the use of a computer program or the
Internet.
25681. (a) Notwithstanding any laws to the contrary, beginning
July 1, 2020, an alcohol server shall successfully complete
a certified an RBS training course from an
accredited training provider within three months of employment
and every three years thereafter.
(b) The licensee shall ensure that those persons required to
successfully complete a certified an
RBS training course do so. A current certificate or card provided by
any approved training course accredited
training provider shall be sufficient documentation of
successful completion and shall be accepted throughout the state.
(c) 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 and that designated person or those
designated persons shall remain on site for the duration of the
event.
(d) An alcohol server shall be subject to the provisions of
subdivisions (b) and (c) of Section 25602.
25682. (a) On or before January 1, 2020, the department shall
establish a list, published on the department's Internet Web site, of
certified RBS training courses offered by
accredited training providers that may be used to fulfill the
requirements of Section 25681.
(b) (1) A certified An 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) An RBS training course may be offered through a trainer-led
class and assessment or self-training and assessment.
(3) An RBS certificate or card shall be issued only upon
successful completion of a certified an
RBS training course and assessment. A minimum score of 70 percent on
the assessment shall be required to successfully complete the
course.
(4) A certified An 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 a
certified an 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)
(c) At least one 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 certified
RBS training course shall be offered in Spanish. If no RBS
training courses meet these requirements, Section 25681 shall not
apply.
(e) The department shall review a certified RBS training course at
least once every three years after the course is approved.
(f) The department 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.
(d) The department may authorize an accreditation agency, in
addition to ANSI, to accredit training providers to offer RBS
training courses and may collect fees to cover the reasonable costs
associated with the review and approval of that accreditation agency.
25683. (a) Beginning January 1, 2019, the department shall
include information on the RBS training course requirement pursuant
to Section 25681, including information on documentation
requirements, on the application for an authorized license and with
the license renewal notices sent to authorized licensees.
(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 that 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. knowingly and
intentionally employs an alcohol server that has not completed an RBS
training course shall only be subject to the civil and
administrative penalties authorized by this division.
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.