BILL NUMBER: AB 2121 AMENDED
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.