Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) ABC
Licensee's duty to ensure policies are created to guide employees in the service of
alcoholic beverages for consumption in their licensed premises according to legal
standards:
(1) If an administrative violation
occurs on the licensed premises, the license for that premises is at risk for
administrative penalties;
(2)
Information contained in Title 4 California Code of Regulations §
144;
(3) Explanation of aggravating and mitigating
factors upon administrative penalties; and
(4) Information contained in Business and
Professions Code § 23095(a)-(c).
(b) Benefits for an ABC on-premises licensee of
having policies in place for the service of alcoholic beverages for consumption to
the public:
(1) Policies ensure uniformity of
responsible business practices;
(2)
Policies ensure an ABC licensed premises is a safe and comfortable space for patrons
and employees; and
(3) Policies reduce
the risk of criminal, civil, and administrative liability for the ABC licensee, its
agents, and its employees.
(4) Effective
policies increase profitability of the ABC licensed premises.
(c) Guidelines for the effective development of
policies for the service of alcoholic beverages for consumption to the public:
(1) Develop policies to enforce objectives like
preventing alcohol service to minors and overly-intoxicated persons;
(2) Develop policies to comply with all state and
local laws pertaining to the ABC on-premises licensed premises; and
(3) Develop strategies for instructing and
reinforcing policy implementation by management and employees.
(d) Guidelines for the effective use of policies
for the service of alcoholic beverages for consumption to the public:
(1) Written policies should be clear and
specific;
(2) Policies should be
reviewed for relevance and accuracy, especially if there are frequent incidents of
violence or illegal activity requiring peace officer assistance;
(3) Policies need to be taught and enforced with
each employee; and
(4) Policies should
be reinforced through regular training and meetings with
employees.
(e) Critical RBS
policy elements:
(1) Stopping alcoholic beverage
service to a patron;
(2) Encouraging
intoxicated patrons travel home safely;
(3) Handling patrons who arrive already
intoxicated;
(4) Handling potentially
violent situations;
(5) Handling illegal
activities;
(6) Dealing with underage
patrons;
(7) How and when to check a
patron's identification;
(8) Handling
emergency situations;
(9) Implementing
an incident log;
(10) Prohibiting
employees consuming alcohol while working; and
(11) Prohibiting promotions that encourage
intemperate consumption of alcoholic beverages or unlawful discrimination:
(A) Two for one drink specials;
(B) Ladies nights; and
(C) All you can drink or 'bottomless' alcoholic
drink specials.
(f)
Use of an incident log for the following incidents for employee communication:
(1) When alcoholic beverage service was stopped
for a patron;
(2) When alternate
transportation has been arranged for a patron;
(3) Any seizure of an identification;
(4) A patron becoming ill due to over consumption
of alcohol;
(5) Any injury, medical
treatment, or hospitalization of a person on the ABC licensed premises;
(6) Any illegal or violent incidents occurring on
the ABC licensed premises; and
(7) Any
calls for law enforcement assistance or other contact with peace
officers.
(g) Interacting with
law enforcement:
(1) ABC licensees, their
employees, and their agents are expected to cooperate with all sworn peace officers,
including ABC agents and local law enforcement;
(2) Frequent calls for law enforcement assistance
at an ABC licensed premises can be grounds for an administrative action to suspend
or revoke the license; and
(3) Policy
changes to avoid frequent need for law enforcement assistance could include hiring
more employees, closing earlier, hiring security guards, changing the type of music
played, and increasing lighting on the premises.
(h) Discrimination against classifications of
individuals included in California Civil Code § 51.6 at an ABC licensed
premises is prohibited:
(1) Information contained
in Business and Professions Code § 125.6; and
(2) Prohibition includes discrimination by drink
specials.
(i) Hiring practices
for alcohol servers:
(1) To pour and serve an
alcoholic beverage, an employee must be 21 years or older;
(2) If incidental to food service, an employee who
is at least 18 years old may serve an alcoholic beverage;
(3) ABC on-premises licensees must independently
confirm any employed or contracted alcohol server is certified under Business and
Professions Code § 25682 (b)(1); and
(4) ABC on-premises licensees' employment and
payroll records shall be kept for four years and made available for inspection by
ABC agents upon request.
(j)
Good hospitality policies for the service of alcoholic beverage for consumption by
patrons at an ABC licensed premises:
(1) Offer or
serve a glass of water with the service of alcohol;
(2) Serve one beverage per patron at a
time;
(3) Slow beverage service if
needed;
(4) Do not serve a beverage to
anyone who does not want one;
(5) Offer
alternative non-alcoholic beverages;
(6)
Offer food promotions;
(7) Offer
promotions for designated drivers;
(8)
Advise managers and coworkers when ceasing service to a patron; and
(9) Encourage all patrons have a safe ride to
their next destination.
(k)
Monitoring patrons' alcoholic-beverage intake:
(1)
The alcoholic drink equivalent, or standard drink, is a specific measure of 14 g/0.6
fl. oz. of alcohol per serving. The following are average sizes by type of alcohol
and their average alcohol by volume.
(A) 12 oz.
beer or cooler, about 5% alcohol by volume;
(B) 8 to 9 oz. malt liquor, including some beers
greater than 7% alcohol by volume;
(C) 5
oz. table wine, 12% alcohol by volume; and
(D) 1.5 oz. 80 proof-distilled spirit, 40% alcohol
by volume;
(2) Use measuring
devices to ensure standard drink sizes or alcoholic drink equivalents are used for
all types of alcoholic beverages. The size of an alcoholic drink equivalent is
dependent upon the alcoholic beverage's alcohol by volume or ABV;
(3) Mixed beverages may have multiple servings
within one drink; and
(4) Using correct
pours ensures profitability of the business and helps the alcohol server calculate
how much a patron has consumed to comply with other policies against serving
obviously intoxicated patrons.
(l) Policies for monitoring common behavior of
minors seeking alcohol service:
(A) One patron
ordering alcoholic beverages for a large group that may include one or more
minors;
(B) Making excuses for not
having an identification; and
(C)
Finding secluded locations in the licensed premises where employees cannot monitor
their activity.
(m) Policies
on the economics of quality hospitality service:
(A) Having multiple interactions with patrons to
evaluate their moods and needs;
(B)
Listening to patron complaints, compliments, and suggestions for improvement of
service;
(C) Sharing feedback with
management; and
(D) Recognizing that
better service and patron engagement will help the establishment be more popular and
more productive.
1. New section
filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section
11343.4(b)(3) (Register 2020, No. 21).
2. Amendment of subsections (i)(2)
and (m) filed 8-1-2022; operative 8-1-2022 pursuant to Government Code section
11343.4(b)(3) (Register 2022, No. 31).
Note: Authority cited: Sections 25681(a) and 25685(a), Business
and Professions Code. Reference: Section 25680(c)(5), Business and Professions
Code.
