California Assembly Bill AB2121 Amended / Bill

 BILL NUMBER: AB 2121AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 12, 2016 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 amended, 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   an alcohol server, as defined,  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,   2019,  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  for specified licenses  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.   article:   (a) "Alcohol server" means 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 a licensed facility.   (b) "RIBS training course" means a Responsible Interventions for Beverage Servers training course approved by the department pursuant to Section 25682.   (c) "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) 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   an alcohol server  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   current certificate or card provided by any approved  training course provider shall be sufficient documentation of successful  completion.   completion and shall be accepted throughout the state.  25682. (a) On or before January 1,  2020,   2019,  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.  (F) The course shall provide basic, introductory instruction on the elements described in subparagraphs (A) to (E), inclusive.   (2) A RIBS training course may be offered through a trainer-led class and assessment or self-training and assessment.   (3) A RIBS certificate or card shall be issued only upon successful completion of an approved RIBS training course and assessment. A minimum score of 70 percent on the assessment shall be required to successfully complete the course.   (4) An approved RIBS 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.   (2)   (5)  The department may, by regulation, establish additional training standards and curricula to be included in an approved RIBS training course.  (c) The department shall establish minimum standards and promulgate regulations for the training and scope of practice for a person who sells or serves alcoholic beverages.   (d) At least one approved RIBS 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 approved RIBS training course shall be offered in Spanish. If no RIBS training courses meet these requirements, Section 25681 shall not apply.   (c)   (e)  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,   2019,  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   a  license and with the license renewal notices sent to  on-sale retail  licensees. (b) Beginning January 1, 2020,  an on-sale retail   a  licensee applying for a new license  that authorizes alcohol to be served on the licensed premises  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   a  licensee applying for the renewal of the license  that authorizes alcohol to be served on the licensed premises  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.