Bill Text: CA AB2121 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 2121 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
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. sold. 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 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 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 RBS training courses and would authorize the department
to collect fees to cover the reasonable costs of 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 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. provisions. The bill, beginning July 1,
2020, would provide that an authorized licensee, the licensee's
agent or employee, or an alcohol server who knowingly and
intentionally violates any of these provisions is subject only to
civil and administrative penalties, as specified.
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 no .
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.
(b) "Alcohol server" means a person who sells or serves alcoholic
beverages directly to consumers, or a person who manages or
supervises a person who sells or serves alcoholic 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.
(c) "RBS training course" means a Responsible Beverage Service
training course that meets the requirements of subdivision (b) of
Section 25682.
(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 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 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 an RBS training course do so. A current
certificate or card provided by any 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
RBS training courses offered by accredited training providers that
may be used to fulfill the requirements of Section 25681.
(b) (1) 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 an RBS training course and assessment. A
minimum score of 70 percent on the assessment shall be required to
successfully complete the course.
(4) 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 an RBS training
course.
(c) At least one 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 RBS training course shall be offered in Spanish. If no RBS
training courses meet these requirements, Section 25681 shall not
apply.
(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 that licensee, who 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.
25684. (a) Beginning July 1, 2020, an authorized licensee, the
agent or employee of that licensee, or an alcohol server who
knowingly and intentionally violates any provision of this article
shall be subject only to the civil and administrative penalties
authorized by this division.
(b) An alcohol server shall be subject to the provisions of
subdivisions (b) and (c) of Section 25602.
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.
