California Assembly Bill AB2121 Amended / Bill

 BILL NUMBER: AB 2121AMENDED BILL TEXT 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 Interventions for Beverage Servers Training   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. 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   Responsible Beverage Service (RBS) Training Prog   ram  Act of 2016, beginning July 1, 2020, that would require an alcohol server, as defined, to successfully complete  an approved RIBS   a certified RBS  training course within 3 months of employment and every 3 years thereafter. The bill would provide that  an approved RIBS   a certified 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,  2019,   2020,  to establish a list published on the department's Internet Web site of  approved RIBS   certified RBS  training courses  and   and, beginning January 1, 2019,  to provide information on  RIBS   RBS  training requirements on applications for, and renewals of,  authorized  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.   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 make it a misdemeanor for an authorized licensee, or that licensee's agent or employee, to permit any alcoholic beverage to be consumed on the premises without possessing a valid training certificate or card.  By  expanding the definition of a   creating a new  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   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 Interventions for Beverage Servers (RIBS) Training   Responsible Beverage Service (RBS) Training Program  Act of 2016 25680. For purposes of this article: (a) "Alcohol server" means a person who sells or serves alcoholic beverages, or a person who manages  or supervises  a person who sells or serves alcoholic beverages,  including the onsite establishment owner of a licensed facility,  for consumption on the premises of a licensed facility. (b)  "RIBS   "RBS    training course" means a  Responsible Interventions for Beverage Servers   Responsible Beverage Service  training course  approved   certified  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   Notwithstanding any laws to the contrary, beginning  July 1, 2020, an alcohol server shall successfully complete  an approved RIBS   a certified RBS  training course within three months of employment and every three years thereafter. (b) The licensee shall ensure that those persons required to successfully complete  an approved RIBS   a certified RBS  training course do so. A current certificate or card provided by any approved training course provider shall be sufficient documentation of successful completion and shall be accepted throughout the state.  (c) An alcohol server shall be subject to the provisions of subdivisions (b) and (c) of Section 25602.  25682. (a) On or before January 1,  2019,   2020,  the department shall establish a list, published on the department's Internet Web site, of  approved RIBS   certified RBS  training courses that may be used to fulfill the requirements of Section 25681. (b) (1)  An approved RIBS   A  certified 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)  A RIBS   An RBS  training course may be offered through a trainer-led class and assessment or self-training and assessment. (3)  A RIBS   An RBS  certificate or card shall be issued only upon successful completion of  an approved RIBS   a certified RBS  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   A certified 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 approved RIBS   a certified RBS  training course. (c) The department shall establish minimum standards and promulgate regulations for the training and scope of practice  by January 1, 2018,  for a person who sells or serves alcoholic beverages. (d) At least one  approved RIBS   certified 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  approved RIBS   certified RBS  training course shall be offered in Spanish. If no  RIBS   RBS  training courses meet these requirements, Section 25681 shall not apply. (e) The department shall review  an approved RIBS   a certified RBS  training course at least once every three years after the course is approved. 25683. (a) Beginning January 1, 2019, the department shall include information on the  RIBS   RBS  training course requirement pursuant to Section 25681, including information on documentation requirements, on the application for  a   an authorized  license and with the license renewal notices sent to  authorized  licensees.  (b) Beginning January 1, 2020, 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, 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.   (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 such licensee, who permits any alcoholic beverage to be consumed by any person on the premises without possessing a valid training certificate or card is guilty of a misdemeanor.  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.