Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
department adopts these regulations in compliance with Business and Professions Code
§
25681
with the intent to ensure effective responsible beverage service training for
servers and their managers to curb harm of the overuse of alcohol in California
communities.
(b) Definitions for use in
this article and in interpreting and enforcing Business and Professions code
§§ 25680-25686.
(1) "ABC" means the
Department of Alcoholic Beverage Control.
(2) "ABC on-premises license" means an ABC license
that grants the privilege to serve alcoholic beverages to patrons who then consume
them within the licensed premises.
(3)
"ABC on-premises licensee" means the owner of an ABC on-premises license
(4) "ABC licensed premises" means a location where
an ABC on-premises licensee uses the privileges granted by an ABC on-premises
license.
(5) "Accreditation agency"
means a business entity the department has given the authority to approve RBS
training courses and training providers according to the standards of the RBSTPA and
this article.
(6) "Alcohol server
certification exam" means an exam given to alcohol servers after they complete an
RBS training course to test the alcohol server's knowledge of the required
curriculum.
(7) "Data security
protocols" means an electronic system with functionality and protocols designed and
intended to prevent any unauthorized user, application, service, or device to access
personal identifying information and other confidential data stored within that
electronic system.
(8) "Initial
employment" means the date an employee signs an employment contract or employee tax
and identification documents, whichever is sooner.
(9) "Interactivity element" means a portion of an
RBS training course that reasonably requires alcohol servers to be engaged in the
training, demonstrate their knowledge of the curriculum, and develop an
understanding of how to apply course material to their employment.
(10) "Manages or supervises" means directly hiring
alcohol servers, overseeing alcohol servers at an ABC licensed premises, or training
alcohol servers how to perform the service of alcohol for consumption for an ABC
on-premises licensee, including but not limited to, when to check identification or
when to refuse service to a patron. This definition specifically excludes the
training of alcohol servers performed by an employee of contractor of another
separate ABC Licensee for marketing or distribution purposes.
(11) "Onsite" for the purposes of Business and
Professions Code §
25682(c)
means within the area where the service of alcoholic beverages is occurring at the
nonprofit organization's event licensed under a temporary or daily license by the
department.
(12) "Online certification
system" means an electronic online database maintained by the department that
alcohol servers, training providers, ABC on-premises licensees, law enforcement
agencies, and the department will use to establish the validity of issued alcohol
server certifications.
(13) "Owner and
officer" includes any owner, director, or officer of a business entity, or any
person that has control over or holds at least the following interest in the
business entity:
(A) Ten percent or more of the
stock of a corporation;
(B) Ten percent
or more of the voting interest of a limited liability company; or
(C) Ten percent or more of the capital or profits
of a partnership.
(14) "RBS"
means responsible beverage service.
(15)
"RBS trainer" means an owner, contractor, or employee of a training provider that
delivers an RBS training course to alcohol servers either in-person or
online.
(16) "RBSTPA" means the
Responsible Beverage Service Training Act of 2017, codified as Business and
Professions Code sections
25680-
25686.
(17) "Serving alcoholic beverages for consumption"
means performing any of the following actions by an alcohol server as an employee or
contractor of an ABC on-premises licensee when interacting with a patron of the ABC
licensed premises:
(A) checking patron
identification,
(B) taking patron
alcoholic beverage orders,
(C) pouring
alcoholic beverages for patrons, or
(D)
delivering alcoholic beverages to patrons.
(18) "Valid fingerprint record" means a
fingerprint copy where the identity of the person fingerprinted has been verified by
a notary, governmental agency, or an electronic fingerprinting service at the time
of fingerprinting.
1. New article 25
(sections 160-173) and section filed 5-20-2020; operative 5-20-2020 pursuant to
Government Code section
11343.4(b)(3)
(Register 2020, No. 21).
Note: Authority cited: Section
25685(a),
Business and Professions Code. Reference: Sections
25680,
25681,
25682,
25683,
25684,
25685
and
25686,
Business and Professions Code.