Bill Text: CA AB2121 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Alcoholic beverage control: Responsible Beverage Service

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2016-09-28 - Vetoed by Governor. [AB2121 Detail]

Download: California-2015-AB2121-Introduced.html

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BILL NUMBER: AB 2121	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez
   (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 introduced, Gonzalez. Alcoholic beverage control:
Responsible Interventions for Beverage Servers Training 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 Act of
2016, beginning July 1, 2020, that would require a person who sells
or serves alcoholic beverages, or who manages persons who sell or
serve, in an on-sale retail licensed premises to successfully
complete an approved RIBS training course within 3 months of
employment and every 3 years thereafter. The bill would provide that
an approved RIBS 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 approved RIBS training courses and to provide information
on RIBS training requirements on applications for, and renewals of,
on-sale licenses. The bill would also require new applicants and
renewal applicants to certify, and provide the department with
documentation, that its employees have successfully completed a RIBS
training course. By expanding the definition of a 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 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 Act of 2016


   25680.  For purposes of this article, "RIBS training course" means
a Responsible Interventions for Beverage Servers training course
approved by the department pursuant to Section 25682.
   25681.  (a) Beginning July 1, 2020, a person who sells or serves
alcoholic beverages, or a person who manages a person who sells or
serves alcoholic beverages, for consumption on the premises of an
on-sale retail licensee shall successfully complete an approved RIBS
training course within three months of employment and every three
years thereafter.
   (b) The on-sale retail licensee shall ensure that those persons
required to successfully complete an approved RIBS training course do
so. A certificate provided by the training course provider shall be
sufficient documentation of successful completion.
   25682.  (a) On or before January 1, 2020, the department shall
establish a list, published on the department's Internet Web site, of
approved RIBS training courses that may be used to fulfill the
requirements of Section 25681.
   (b) (1) An approved RIBS 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.
   (2) The department may, by regulation, establish additional
training standards and curricula to be included in an approved RIBS
training course.
   (c) The department shall review an approved RIBS training course
at least once every three years after the course is approved.
   25683.  (a) Beginning January 1, 2020, the department shall
include information on the RIBS training course requirement pursuant
to Section 25681, including information on documentation
requirements, on the application for an on-sale retail license and
with the license renewal notices sent to on-sale retail licensees.
   (b) Beginning January 1, 2020, an on-sale retail licensee applying
for a new license 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, an on-sale retail licensee applying
for the renewal of the license 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.
  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.