Regulatory ProvisionsResponsible Beverage Service (rbs) Training Program Act of

Section § 25680

Explanation

This section explains key terms related to the responsible serving of alcohol. An "alcohol server" is someone who serves or manages the serving of alcohol at licensed premises. "Alcohol server certification" is proof that a server passed a course on responsible beverage service. An "RBS training course" covers topics like alcohol's effects, laws against underage drinking, and how to avoid serving intoxicated patrons. The "RBS training program" is a statewide initiative offering these courses. A "training provider" can be an accredited organization, approved by the department, or the department itself offering the courses.

For purposes of this article:
(a)CA Business & Professions Code § 25680(a) “Alcohol server” means a person who serves alcoholic beverages for consumption, or a person who manages or supervises that person, on premises licensed to serve alcoholic beverages pursuant to this division, including a designee for alcoholic beverage sales and service pursuant to temporary license.
(b)CA Business & Professions Code § 25680(b) “Alcohol server certification” means a certification issued by a training provider to a person who has successfully completed an RBS training course, as demonstrated by the passage of an exam.
(c)CA Business & Professions Code § 25680(c) “RBS training course” means a course administered by a training provider that is 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)CA Business & Professions Code § 25680(c)(1) The social impact of alcohol.
(2)CA Business & Professions Code § 25680(c)(2) The impact of alcohol on the body.
(3)CA Business & Professions Code § 25680(c)(3) State laws and regulations relating to alcoholic beverage control, including laws and regulations related to driving under the influence.
(4)CA Business & Professions Code § 25680(c)(4) Intervention techniques to prevent the service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(5)CA Business & Professions Code § 25680(c)(5) The development of management policies that support the prevention of service or sale of alcoholic beverages to underage persons or intoxicated patrons.
(d)CA Business & Professions Code § 25680(d) “RBS training program” means a statewide Responsible Beverage Service training program administered or authorized by the department that provides RBS training courses to licensees and their agents and employees.
(e)CA Business & Professions Code § 25680(e) “Training provider” means any of the following:
(1)CA Business & Professions Code § 25680(e)(1) A training provider accredited by an accreditation agency, provided that the accreditation agency is authorized by the department to accredit training providers offering RBS training courses.
(2)CA Business & Professions Code § 25680(e)(2) A training provider approved by the department, pursuant to rules promulgated by the department pursuant to subdivision (b) of Section 25681.
(3)CA Business & Professions Code § 25680(e)(3) The department when offering RBS training courses.
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Section § 25681

Explanation

This law requires the development and implementation of a training program for Responsible Beverage Service (RBS) to ensure that all alcohol servers get certified. The training, offered in English and Spanish, includes courses both in person and online. Authorized agencies accredit these training providers, and the department may collect fees for this process. Unaccredited training providers must meet specific criteria, like having expertise in relevant fields and maintaining data security. Certifications last for three years and apply to anyone working in applicable jobs. Starting January 1, 2027, the courses must also cover how to handle and prevent drink spiking.

(a)CA Business & Professions Code § 25681(a) The department shall develop, implement, and administer a curriculum for an RBS training program that will make RBS training courses available, both in person and online, 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.
(1)CA Business & Professions Code § 25681(a)(1) The department may be a provider of RBS training courses.
(2)CA Business & Professions Code § 25681(a)(2) The department shall authorize one or more accreditation agencies to accredit training providers to offer RBS training courses that meet the curriculum requirements established by the department. The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of accreditation agencies.
(3)CA Business & Professions Code § 25681(a)(3) An accredited training provider shall register with the department once accredited.
(b)Copy CA Business & Professions Code § 25681(b)
(1)Copy CA Business & Professions Code § 25681(b)(1) The department may approve training providers that are not accredited by an accreditation agency authorized by the department. The department shall promulgate regulations setting forth the requirements for approval for training providers that are not accredited. At a minimum, training providers that are not accredited shall:
(A)CA Business & Professions Code § 25681(b)(1)(A) Possess background and expertise in the fields of alcohol, training, hospitality, and psychology.
(B)CA Business & Professions Code § 25681(b)(1)(B) Keep records of all certifications issued and, upon request, make these available to the department or other law enforcement agencies.
(C)CA Business & Professions Code § 25681(b)(1)(C) Provide technical support to servers and customers.
(D)CA Business & Professions Code § 25681(b)(1)(D) Maintain strict data security protocols.
(E)CA Business & Professions Code § 25681(b)(1)(E) Comply with any other requirements established by the department.
(2)CA Business & Professions Code § 25681(b)(2) The department may collect fees to cover its reasonable costs for the review, approval, and renewal of the approval of training providers that are not accredited by an accreditation agency.
(c)CA Business & Professions Code § 25681(c) A training provider shall register with the department once accredited by an authorized accreditation agency or approved by the department.
(d)CA Business & Professions Code § 25681(d) A training provider shall issue alcohol server certifications to persons who have successfully completed an RBS training course and passed an exam.
(e)CA Business & Professions Code § 25681(e) 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.
(f)Copy CA Business & Professions Code § 25681(f)
(1)Copy CA Business & Professions Code § 25681(f)(1) Commencing on or before January 1, 2027, the RBS training courses shall include all of the following:
(A)CA Business & Professions Code § 25681(f)(1)(A) Best practices on how to prevent or protect a person from drink spiking.
(B)CA Business & Professions Code § 25681(f)(1)(B) Best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.
(2)CA Business & Professions Code § 25681(f)(2) For purposes of this subdivision, “drink spiking” means putting alcohol or drugs into another person’s drink without their knowing and express consent, also known as roofying.
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Section § 25682

Explanation

Starting July 1, 2022, any business with a license to serve alcohol can't hire or keep anyone serving alcohol unless they have an alcohol server certification. Those who were already employed before this date had until August 31, 2022, to get certified. New hires after July 1, 2022, have 60 days from their start date to become certified. Employers must also keep certification records available for inspection. Nonprofit organizations with temporary alcohol licenses must ensure a designated person receives training and is present during their events.

(a)CA Business & Professions Code § 25682(a) Beginning July 1, 2022, 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)CA Business & Professions Code § 25682(a)(1) An alcohol server who was employed by the licensee prior to July 1, 2022, shall obtain an alcohol server certification by August 31, 2022.
(2)CA Business & Professions Code § 25682(a)(2) An alcohol server who is employed by the licensee on or after July 1, 2022, shall obtain an alcohol server certification within 60 calendar days of employment.
(b)Copy CA Business & Professions Code § 25682(b)
(1)Copy CA Business & Professions Code § 25682(b)(1) A licensee that is subject 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)CA Business & Professions Code § 25682(b)(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, 2022, between July 1, 2022, and August 31, 2022, inclusive.
(c)CA Business & Professions Code § 25682(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 persons shall remain onsite for the duration of the event.
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Section § 25683

Explanation

If you want to sell, serve, or manage those who serve alcohol in a place that is licensed, you need to have a valid alcohol server certification.

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.
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Section § 25684

Explanation

If someone holding a license doesn't follow the rules of this article, they can face disciplinary action, but they won't be charged with a crime under this law.

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.
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Section § 25685

Explanation

This section of California law allows the relevant department to create rules and charge necessary fees to manage alcohol-related training and certification programs. They can charge up to $5 for the alcohol server exam and up to $15 if they provide a training course. The money collected from these fees goes into a specific Alcohol Beverage Control Fund.

(a)CA Business & Professions Code § 25685(a) The department may adopt rules that it determines necessary for the administration of the provisions of this article.
(b)CA Business & Professions Code § 25685(b) The department may charge fees as necessary to cover its reasonable costs for administering the program authorized by this article.
(c)CA Business & Professions Code § 25685(c) The department may charge a fee, not to exceed five dollars ($5) per person, for administering the exam required for an alcohol server certification.
(d)CA Business & Professions Code § 25685(d) If the department offers an RBS training course, the fee charged by the department for that course shall not exceed fifteen dollars ($15) per person.
(e)CA Business & Professions Code § 25685(e) Any moneys collected under this article shall be deposited in the Alcohol Beverage Control Fund.
alcohol server certification RBS training course alcohol exam fee ...

Section § 25686

Explanation

This section clarifies that it doesn't increase the responsibilities of businesses with licenses to sell alcohol. Alcohol servers still have to follow the specific rules outlined in another section, particularly rules about serving alcohol responsibly.

Nothing in this section shall be construed to expand the existing duties of a licensee in connection with the sale and service of alcoholic beverages. An alcohol server shall continue to be subject to subdivisions (b) and (c) of Section 25602.
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