BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
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.
Bill
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.
Fiscal
Impact:
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))
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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)
Background:
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
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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
state.
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
curricula.
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
agency
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.
Staff
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
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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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