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AB-1221 Alcoholic beverage control: Responsible Beverage Service Training Program Act of 2017.(2017-2018)

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Date Published: 03/29/2017 04:00 AM
AB1221:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1221


Introduced by Assembly Member Gonzalez Fletcher

February 17, 2017


An act to amend Section 25663 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 1221, as amended, Gonzalez Fletcher. Alcoholic beverage licensees: minors. control: Responsible Beverage Service Training Program Act of 2017.
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. 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, in addition to the LEAD program, would establish the Responsible Beverage Service (RBS) Training Program Act of 2017, beginning July 1, 2021, that would require an alcohol server, as defined, to successfully complete an RBS training course offered by the department, which may charge a fee, not to exceed $15, to be deposited in the Alcohol Beverage Control Fund. 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 licensees to maintain, and provide upon request by the department, all records necessary to establish compliance with these provisions. The bill would provide that a violation of these provisions shall not be grounds for any criminal action, pursuant to the Alcoholic Beverage Control Act, against a licensee or an employee of a licensee.

The Alcoholic Beverage Control Act prohibits a licensee that sells or serves alcoholic beverages for consumption on the premises from employing any person under 21 years of age for the purpose of preparing or serving alcoholic beverages with specified exceptions, including where the person between 18 and 21 years of age is employed in a bona fide public eating place, as provided.

This bill would make nonsubstantive changes to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: 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 2017.

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 2017

25680.
 For purposes of this article:
(a) “Alcohol server” means a person who sells or serves alcoholic beverages for consumption, or a person who manages or supervises that person, on premises licensed pursuant to this division, including a designee for alcoholic beverage sales and service pursuant to temporary license.
(b) “Alcohol server certification” means a certification issued by the department to a person who has successfully completed an RBS training course.
(c) “RBS training course” means a course administered by the department, designed to instruct and educate alcohol servers on responsible practices regarding the sale and service of alcoholic beverages that includes, but is not limited to, instruction on the following subjects:
(1) The social impact of alcohol.
(2) The impact of alcohol on the body.
(3) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence.
(4) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(5) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(d) “RBS training program” means a statewide Responsible Beverage Service training program administered by the department that provides RBS training courses to licensees and their agents and employees.

25681.
 (a) On or before January 1, 2021, the department shall develop, implement, and administer an RBS training program that will make RBS training courses available to all persons required to obtain an alcohol server certification pursuant to this article. RBS training courses shall, at a minimum, be offered in English and Spanish.
(b) The department shall be a provider of RBS training courses and only the department shall issue, or authorize the issuance of, alcohol server certifications to persons having successfully completed an RBS training course.
(c) An alcohol server certification shall be valid for a period of three years from the date of issuance and shall be valid for any person employed by a licensee that is subject to this article.

25682.
 (a) Beginning July 1, 2021, a licensee that is subject to this article shall not employ or continue to employ any alcohol server without a valid alcohol server certification.
(1) An alcohol server who was employed by the licensee prior to July 1, 2021, shall obtain an alcohol server certification by August 31, 2021.
(2) An alcohol server employed by the licensee on or after July 1, 2021, shall obtain an alcohol server certification within 60 calendar days of employment.
(b) (1) A licensee subject that is to this article shall ensure that each alcohol server it employs has a valid alcohol server certification. The licensee shall maintain records of certifications for inspection, upon request, by the department.
(2) Except for a violation of subdivision (c), it shall be a defense against any action for a violation of this article that the alcohol server was within 60 calendar days of initial employment or, with regard to employees employed prior to July 1, 2021, between July 1, 2021, and August 31, 2021, inclusive.
(c) A nonprofit organization shall designate each alcohol server when applying for a temporary daily on-sale license. The organization shall ensure that each named alcohol server has a valid alcohol server certification for the period identified on the application.

25683.
 A person shall not perform duties that include the sale or service of alcoholic beverages for consumption on licensed premises, and shall not manage that person, without a valid alcohol server certification.

25684.
 The failure of a licensee to comply with this article shall be grounds for disciplinary action. A violation of this article shall not be grounds for any criminal action, pursuant to this division, against a licensee or an agent or employee of a licensee.

25685.
 (a) The department may charge a fee, not to exceed fifteen dollars ($15) per person, for any RBS training course provided by the department. Any moneys collected shall be deposited in the Alcohol Beverage Control Fund.
(b) The department may adopt rules that it determines necessary for the administration of the provisions of this article.

SECTION 1.Section 25663 of the Business and Professions Code is amended to read:
25663.

(a)Except as provided in subdivision (c), a licensee that sells or serves alcoholic beverages for consumption on the premises shall not employ any person under 21 years of age for the purpose of preparing or serving alcoholic beverages. Every person who employs or uses the services of any person under the age of 21 years in or on that portion of any premises, during business hours, that are primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor.

(b)Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous supervision of a person 21 years of age or older.

(c)(1)Any person between 18 and 21 years of age employed in any bona fide public eating place, as defined in Sections 23038 and 23038.1, that is licensed for the on-sale of alcoholic beverages, may serve alcoholic beverages to consumers only under both of the following circumstances:

(A)The service occurs in an area primarily designed and used for the sale and service of food for consumption on the premises.

(B)The primary duties of the employee shall be the service of meals to guests, with the service of alcoholic beverages being incidental to those duties.

(2)For purposes of this subdivision, “serve” or “service” includes the delivery, presentation, opening, or pouring of an alcoholic beverage.