reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 141 - Minor Decoy Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A law
				enforcement agency may only use a person under the age of 21 years to attempt
				to purchase alcoholic beverages to apprehend licensees, or employees or agents
				of licensees who sell alcoholic beverages to minors (persons under the age of
				21) and to reduce sales of alcoholic beverages to minors in a fashion that
				promotes fairness.
(b) The
				following minimum standards shall apply to actions filed pursuant to Business
				and Professions Code Section
				25658
				in which it is alleged that a minor decoy has purchased an alcoholic beverage:
(1) At the time of the operation, the decoy
				shall be less than 20 years of age;
(2) The decoy shall display the appearance
				which could generally be expected of a person under 21 years of age, under the
				actual circumstances presented to the seller of alcoholic beverages at the time
				of the alleged offense;
(3) A decoy
				shall either carry his or her own identification showing the decoy's correct
				date of birth or shall carry no identification; a decoy who carries
				identification shall present it upon request to any seller of alcoholic
				beverages;
(4) A decoy shall answer
				truthfully any questions about his or her age;
(5) Following any completed sale, but not
				later than the time a citation, if any, is issued, the peace officer directing
				the decoy shall make a reasonable attempt to enter the licensed premises and
				have the minor decoy who purchased alcoholic beverages make a face to face
				identification of the alleged seller of the alcoholic
				beverages.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 141.1 - Minor Decoy Requirements for Delivery Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A law
				enforcement agency may only use a person under 21 years of age to attempt to
				purchase alcoholic beverages for delivery to apprehend licensees, or employees
				or agents of licensees, who deliver alcoholic beverages to minors (persons
				under 21 years of age), and to reduce deliveries of alcoholic beverages to
				minors, in a fashion that promotes fairness. For purposes of this section,
				fairness is defined as compliance with all the conditions set forth in
				subdivision (e).
(b) For purposes
				of this section, "delivery" shall mean any transfer of alcoholic beverages by a
				licensee, or an employee or agent of a licensee, to a person under 21 years of
				age, pursuant to an order made by internet, telephone, other electronic means,
				or any method of ordering other than in person at the licensed
				premises.
(c) For purposes of this
				section, "agent" shall mean any entity or person the licensee uses to deliver
				alcoholic beverages to persons who place orders by internet, telephone, other
				electronic means, or any method of ordering other than in person at the
				licensed premises, whether by contract or agreement, even if not an employee of
				the licensee, including but not limited to a third-party delivery person or
				service.
(d) For purposes of this
				section, "minor decoy" shall mean a person used by law enforcement pursuant to
				Business and Professions Code section
				25658(f).
(e) The following minimum standards shall
				apply to actions filed pursuant to Business and Professions Code Section
				25658
				in which it is alleged a minor decoy has been furnished an alcoholic beverage
				by delivery:
(1) At the time of the alleged
				violation, the minor decoy shall be under 20 years of age;
(2) The minor decoy shall display the
				appearance which could generally be expected of a person under 21 years of age,
				under the actual circumstances presented to the person delivering the alcoholic
				beverages at the time of the alleged violation;
(3) A minor decoy shall either carry their
				own identification showing their correct date of birth or shall carry no
				identification; a minor decoy who carries identification shall present it upon
				request of the person delivering the alcoholic beverages;
(4) A minor decoy shall answer truthfully any
				questions about their age, asked by the person delivering the alcoholic
				beverages, at the time of delivery. This requirement shall not apply to
				questions asked about the age of the minor decoy at the time the alcoholic
				beverages are ordered.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 142 - Receiving Stolen Alcoholic Beverages; Ceiling Price Violations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Originally
				  published 3-22-45 (Title 4).
2. Repealer filed 9-11-47 (Register
				  9).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143 - Employees of on-Sale Licensees Soliciting or Accepting Drinks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No on-sale retail licensee shall permit any employee of such
				  licensee to solicit, in or upon the licensed premises, the purchase or sale of
				  any drink, any part of which is for, or intended for, the consumption or use of
				  such employee, or to permit any employee of such licensee to accept, in or upon
				  the licensed premises, any drink which has been purchased or sold there, any
				  part of which drink is for, or intended for, the consumption or use of any
				  employee.
It is not the intent or purpose of this rule to prohibit the
				  long-established practice of a licensee or a bartender accepting an incidental
				  drink from a patron.
1. New section
				  filed 5-25-54; effective thirtieth day thereafter (Register 54, No.
				  12).
2. Amendment filed 7-12-72; designated effective 8-14-72
				  (Register 72, No. 29).
Note: Authority cited: Sections
					 24200.5
					 and
					 25657,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143.1 - Employment of Minors in Public Premises. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-18-62; designated effective 5-21-62 (Register 62, No. 8).
2.
				  Repealer filed 7-12-72; designated effective 8-14-72 (Register 72, No.
				  29).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code, and Section
					 22, Article XX, California
					 Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143.2 - Attire and Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following acts or conduct on licensed premises are deemed
				  contrary to public welfare and morals, and therefore no on-sale license shall
				  be held at any premises where such conduct or acts are permitted:
(1) To employ or use any person in the sale
				or service of alcoholic beverages in or upon the licensed premises while such
				person is unclothed or in such attire, costume or clothing as to expose to view
				any portion of the female breast below the top of the areola or of any portion
				of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2) To employ or use the services of any
				hostess or other person to mingle with the patrons while such hostess or other
				person is unclothed or in such attire, costume or clothing as described in
				paragraph (1) above.
(3) To
				encourage or permit any person on the licensed premises to touch, caress or
				fondle the breasts, buttocks, anus or genitals of any other person.
(4) To permit any employee or person to wear
				or use any device or covering, exposed to view, which simulates the breast,
				genitals, anus, pubic hair or any portion thereof.
If any provision of this rule or the application thereof to
				  any person or circumstances is held invalid, such invalidity shall not affect
				  other provisions or application of the rule which can be given effect without
				  the invalid provision or application, and to this end the provisions of this
				  rule are severable.
1. New Section
				  143.2 filed 7-9-70; designated
				  effective 8-10-70 (Register 70, No. 28).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22 of Art. XX, California
					 Constitution. Reference: Section
					 23001,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143.3 - Entertainers and Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Acts or conduct on licensed premises in violation of this
				  rule are deemed contrary to public welfare and morals, and therefore no on-sale
				  license shall be held at any premises where such conduct or acts are
				  permitted.
Live entertainment is permitted on any licensed premises,
				  except that:
(1) No licensee shall
				permit any person to perform acts of or acts which simulate:
(a) Sexual intercourse, masturbation, sodomy,
				bestiality, oral copulation, flagellation or any sexual acts which are
				prohibited by law.
(b) The
				touching, caressing or fondling on the breast, buttocks, anus or
				genitals.
(c) The displaying of the
				pubic hair, anus, vulva or genitals.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143.4 - Visual Displays. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-9-70; designated effective 8-10-70 (Register 70, No. 28).
2.
				  Repealer filed 12-12-2001; operative 1-11-2002 (Register 2001, No. 50).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22 of Art. XX, Calif. Constitution.
					 Reference: Sec.
					 23001, Bus. & Prof.
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 143.5 - Ordinances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any of the provisions of Rules 143.2, 143.3
				  and 143.4, no on-sale licensee shall employ, use the services of, or permit
				  upon his licensed premises, any entertainment or person so attired as to be in
				  violation of any city or county ordinance.
1. New section
				  filed 7-9-70; designated effective 8-10-70 (Register 70, No. 28).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code and Section
					 22 of Art. XX, Calif. Constitution.
					 Reference: Sec.
					 23001, Bus. & Prof.
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 22 - Suspension or Revocation of Licenses › Section 144 - Penalty Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Alcoholic Beverage Control Act (Bus. and Prof. Code Sections
				  23000,
et seq.
),
				  and the Administrative Procedures Act (Govt. Code Sections
				  11400,
et seq.
),
				  the Department shall consider the disciplinary guidelines entitled "Penalty
				  Guidelines" (dated 12/17/2003) which are hereby incorporated by reference.
				  Deviation from these guidelines is appropriate where the Department in its sole
				  discretion determines that the facts of the particular case warrant such a
				  deviation -- such as where facts in aggravation or mitigation exist.
1. New section
				  filed 4-13-2004 as an emergency; operative 4-13-2004 (Register 2004, No. 16). A
				  Certificate of Compliance must be transmitted to OAL by 8-11-2004 or emergency
				  language will be repealed by operation of law on the following day. For prior
				  history, see Register 68, No. 46.
2. Certificate of Compliance as to
				  4-13-2004 order transmitted to OAL 8-11-2004; disapproved by OAL and order of
				  repeal and deletion filed 9-23-2004 (Register 2004, No. 39).
3. New
				  section filed 9-23-2004 as an emergency; operative 9-23-2004 (Register 2004,
				  No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-2005 or
				  emergency language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 9-23-2004 order, including
				  amendment of section, transmitted to OAL 11-18-2004 and filed 12-16-2004
				  (Register 2004, No. 51).
Note: Authority cited: Section
					 25750,
					 Business and Professions Code; and Section
					 22, Article XX, California
					 Constitution. Reference: Section
					 23001,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 23 - Administrative Procedure › Section 145 - Service of Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of subdivision (c) of Section
				  11505 of
				  the Government Code, notices which are required to be served by registered mail
				  may be served by certified mail pursuant to Section
				  8311 of
				  the Government Code, and shall be mailed to the licensee at the premises for
				  which his license is issued. Any licensee who desires to have such notices
				  mailed to him at an address other than his licensed premises shall file with
				  the department a specific request for that purpose, and in such case notices
				  shall be sent to the licensee at such address. Such licensee shall notify the
				  department of a change in address, and specifically request the department to
				  mail notices to the changed address.
1. New section
				  filed 11-6-45; designated to be effective 11-1-45 (Register 3).
2.
				  Amendment filed 4-8-58; designated effective 5-15-58 (Register 58, No.
				  6).
3. Amendment filed 2-2-77; designated effective 3-7-77 (Register
				  77, No. 6).
Note: Authority cited: Sections
					 25750
					 and
					 25760,
					 Business and Professions Code; Section
					 22 of Article XX, California
					 Constitution. Reference: Division 9 (Chapters 1-17), Business and Professions
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 23 - Administrative Procedure › Section 146 - Verification of Protests. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-4-46 (Register 6).
2. Repealer filed 9-17-47 (Register
				  9).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 24 - Department of Alcoholic Beverage Control-Conflict-of-Interest Code › Section 150 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Political Reform Act, Government Code Sections
				  81000,
et seq.,
requires state and local government agencies to adopt
				  and promulgate conflict-of-interest codes. The Fair Political Practices
				  Commission has adopted a regulation (2 California Code of Regulations Section
				  18730) that contains the terms of a
				  standard conflict-of-interest code which can be incorporated by reference, and
				  which may be amended by the Fair Political Practices Commission to conform to
				  amendments in the Political Reform Act after public notice and hearings.
				  Therefore, the terms of 2 California Code of Regulations Section
				  18730 and any amendments to it duly
				  adopted by the Fair Political Practices Commission, along with the attached
				  Appendices, designating positions and establishing disclosure categories, are
				  hereby incorporated by reference. This regulation and the attached appendices
				  shall constitute the conflict-of-interest code of the Department of Alcoholic
				  Beverage Control (ABC).
1. New article
				  24 (section
				  150) filed 4-4-78; effective
				  thirtieth day thereafter. Approved by Fair Political Practices Commission
				  4-20-77 (Register 78, No. 14).
2. Repealer of article 24 (section
				  150) and new article 24 (section
				  150 and Appendix) filed 2-26-81;
				  effective thirtieth day thereafter. Approved by Fair Political Practices
				  Commission 12-1-80 (Register 81, No. 9).
3. Amendment of text and
				  Appendix filed 2-1-94; operative 3-3-94. Approved by Fair Political Practices
				  Commission 1-27-94 (Register 94, No. 5).
4. Amendment of Appendix
				  filed 5-5-2006; operative 6-4-2006. Approved by Fair Political Practices
				  Commission 3-3-2006 (Register 2006, No. 18).
5. Amendment of article
				  24 heading, section and NOTE and redesignation and amendment of portions of
				  former Appendix to new Appendix A and Appendix B filed 7-20-2011; operative
				  8-19-2011. Approved by Fair Political Practices Commission 6-21-2011 (Register
				  2011, No. 29).
6. Amendment of section and Appendices A and B filed
				  4-21-2015; operative 5-21-2015 pursuant to Cal. Code Regs., tit. 2, section
				  18750(l). Approved
				  by the Fair Political Practices Commission 3-13-2015 and submitted to OAL for
				  filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k) (Register
				  2015, No. 17).
Note: Authority cited: Sections
					 81008,
					 87300,
					 87304 and
					 87306,
					 Government Code. Reference: Section
					 87300, et seq., Government
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 24 - Department of Alcoholic Beverage Control-Conflict-of-Interest Code › Appendix A - Designated Positions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Designated Positions
Disclosure Category
Director
1, 2
Chief Deputy Director
1, 2
Assistant Director, Field Division
1, 2
Assistant Director, Administration
1, 2
Chief Administrative Law Judge
1, 2
General Counsel
1, 2
Chief Counsel
1, 2
Deputy Division Chief, Alcoholic Beverage Control
1
District Administrator, Alcoholic Beverage Control
1
Supervising Investigator, Alcoholic Beverage Control
1
Agent Trainee
2
Agent
2
Licensing Officer, Alcoholic Beverage Control
1
Licensing Representative I and II, Alcoholic Beverage
						  Control
1
Attorney (All Levels)
1, 2
Administrative Law Judge (All Levels)
1
Information Officer (All Levels)
1
Legal Analyst
1
Legal Assistant
1
Staff Services Manager (All Levels)
1
Senior Accounting Officer
2
Accounting Officer
2
Information Systems Analyst (All Levels)
2
Data Processing Manager (All Levels)
3
System Software Specialist (All Levels)
3
Office Services Supervisor
2
Business Services Officer
2
Business Services Assistant
2
Consultants/New Positions
*
* Consultants/New Positions shall disclose pursuant to the
				  broadest disclosure category in the code subject to the following
				  limitation:
The Director may determine in writing that a particular
				  consultant or new position, although a "designated position," is hired to
				  perform a range of duties that is limited in scope and thus is not required to
				  fully comply with the disclosure requirements described in this section. Such
				  written determination shall include a description of the consultant's or new
				  position's duties and, based upon that description, a statement of the extent
				  of disclosure requirements. The Director's determination is a public record and
				  shall be retained for public inspection in the same manner and location as this
				  conflict-of-interest code. (Gov. Code Sec.
				  81008.)
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 24 - Department of Alcoholic Beverage Control-Conflict-of-Interest Code › Appendix B - Disclosure Categories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure Categories:
Category 1
.
Designated positions in Category 1 must report:
. Interests in real property upon which a business licensed
				  by the department is maintained.
. Investments and business positions in business entities,
				  and income, including receipt of gifts, loans, and travel payments, from
				  sources, that
? have applications for licensing;
? have licenses pending;
? are licensed; or
? have been licensed by the department
Category 2
. Designated positions in Category
				  2 must report:
Investments and business positions in business entities, and
				  income, including receipt of gifts, loans, and travel payments, from sources,
				  of the type to provide services, equipment, leased space, materials, or
				  supplies to ABC.
Category 3
. Designated positions in Category
				  3 must report:
Investments and business positions in business entities, and
				  sources of income including receipt of gifts, loans, and travel payments from
				  information technology and telecommunications sources, including but not
				  limited to, computer hardware or software companies, computer consultant
				  services, training, data processing firms, microfilm, and media
				  services.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 161 - Responsible Beverage Service Training Course General Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Training providers shall present, at a minimum, the topics and information
				contained in California Code of Regulations Title 4 §§
									162-166 to alcohol servers in their
				RBS training course.
(b)
				Interactivity elements must occur, at a minimum, during an RBS training course
				portion for each of the five major curriculum topics in Business and
				Professions Code §
									25680(c).
(c) A training provider shall provide
				handouts, electronic files, or transcripts detailing its RBS training course
				content to aid alcohol servers in refreshing their knowledge after they
				complete an approved RBS training course.
(d) None of the curriculum topics described
				in California Code of Regulations Title 4 §§
									162-166 shall be interpreted as
				imposing new or changing existing requirements on licensees, but instead only
				define course content requirements for RBS training courses.
1. New 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: Sections
					 25681(a)
					 and
					 25685(a),
					 Business and Professions Code. Reference: Sections
					 25680,
					 25681,
					 25685
					 and
					 25686,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 162 - Curriculum Requirements for the Social Impact of Alcohol

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				general positive impact of alcohol sales on the community.
(b) The general negative impact of alcohol
				sales on the community.
(c)
				Specific costs to the community for overuse of alcohol:
(1) Alcohol related crimes:
(A) Driving under the influence;
(B) Domestic violence; and
(C) Assault, including sexual
				assault.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 163 - Curriculum Requirements for the Impact of Alcohol on the Body

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Physiology of alcohol on the human body.
(1)
				Alcohol's path through the human body:
(A) No
				digestion needed in alcohol absorption;
(B) Alcohol is absorbed into the bloodstream
				after consuming;
(C) Some consumed
				alcohol is absorbed through the stomach lining; and
(D) Most consumed alcohol is absorbed quickly
				through the small intestine.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 164 - Curriculum Requirements for State Laws and Regulations Relating to Alcoholic Beverage Control, Including Laws and Regulations Related to Driving Under the Influence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Information contained in Business and Professions Code §
									25682.
(b) Information contained in Title 4
				California Code of Regulations §
									160(b).
(c) Information contained in Business and
				Professions Code §
									25683.
(d) Information contained in Business and
				Professions Code §
									25684.
(e) Categories of crimes in California:
(1) Definition of and penalties for
				infractions in California;
(2)
				Definition of and penalties for misdemeanors in California; and
(3) Definition of and penalties for felonies
				in California.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 165 - Curriculum Requirements for Intervention Techniques to Prevent the Service or Sale of Alcoholic Beverages to Underage Persons or Intoxicated Patrons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Checking identification (ID) of patrons prior to serving alcohol.
(1) Twenty-one is the minimum age for a
				person to legally purchase or consume alcoholic beverages in
				California.
(2) If prior to serving
				alcohol an alcohol server diligently inspects a patron's ID and reasonably
				concludes it is legally acceptable (even if it turns out to be a fake ID), and
				the appearance of the minor indicates the minor could be twenty-one years of
				age or older, the alcohol server has a defense to a charge of selling to a
				minor.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 166 - Curriculum Requirements for the Development of Management Policies that Support the Prevention of Service or Sale of Alcoholic Beverages to Underage Persons or Intoxicated Patrons

Current through Register 2024 Notice Reg. No. 28, July 12, 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).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 167 - Accreditation Agencies Application and Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To seek
				approval to be an accreditation agency, a business entity must submit the
				following information and items to the department:
(1) Legal entity name and DBA of the
				applicant;
(2) Applicant's type of
				business entity, together with a copy of all applicant's business entity
				formation documents;
(3) If the
				applicant is a corporation, limited liability company, general partnership,
				limited partnership, or limited liability partnership, the applicant must
				provide proof of registration with the California Secretary of State, including
				identification of the person designated for service of process and the contact
				information for service of process;
(4) A list of each owner and officer of the
				applicant, and the mailing address, phone number, email address, and title of
				each owner and officer;
(5) Primary
				email contact information of the applicant;
(6) Primary telephone contact information of
				the applicant;
(7) Primary business
				address of the applicant;
(8)
				Mailing address of the applicant if different from the primary business
				address;
(9) A list of all arrests
				and all convictions for each owner and officer of the applicant's business
				entity;
(10) An affidavit
				explaining in writing how the applicant's business entity, and each owner and
				officer, intend to comply with the accreditation agency approval criteria found
				in California Code of Regulations Title 4 §
										167(b);
(11) Descriptions of accreditation policies
				and procedures to approve training providers and RBS training courses using the
				standards in Business and Professions code §
										25681(b) and
				California Code of Regulations Title 4 §
										168(b);
				and
(12) Valid fingerprint record
				for every owner and officer of applicant;
(A)
				The department shall use background checks of the valid fingerprint records to
				confirm the lists of arrests and convictions submitted by the applicant. The
				department will also use the valid fingerprint records to monitor if any owner
				or officer of the applicant are subsequently arrested or convicted for the
				purpose of determining continued qualification.
(B) The applicant is responsible for the
				payment of any fees associated with the review or verification of criminal
				history by valid fingerprint record for any owner and officer of the applicant
				by background check; and
(13) The initial review fee set forth in this
				section, subsection (m)(1).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 168 - Training Provider Application and Standards for Approval by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To seek
				departmental approval to be a training provider, an individual or business
				entity must submit the following information and items to the department
				through its online certification system to complete an application:
(1) Legal entity name and DBA of the
				applicant;
(2) Applicant's type of
				business entity, together with a copy of all founding business entity formation
				documents;
(3) If the applicant is
				a corporation, limited liability company, general partnership, limited
				partnership, or limited liability partnership, the applicant must provide proof
				of registration with the California Secretary of State, including
				identification of the person designated for service of process and the contact
				information for service of process;
(4) A list of each owner and officer of the
				applicant, and the mailing address, phone number, email address, and title of
				each owner and officer;
(5) Primary
				email contact information of the applicant;
(6) Primary telephone contact information of
				the applicant;
(7) Primary business
				address of the applicant;
(8)
				Mailing address of the applicant if different from the primary business
				address;
(9) A proposed RBS
				training course, consisting of an electronic program, electronic files,
				recordings, transcripts, or course outline to be approved by the department,
				and an itemized and tabulated record of how the proposed RBS training course
				complies with California Code of Regulations Title 4 §§
										161-166;
(10) Written explanation of the interactivity
				elements to be used in its proposed RBS training course required by California
				Code of Regulations Title 4 §
										161 (b);
(11) A copy of the handouts, electronic
				files, or transcripts detailing the RBS training course content provided to
				alcohol servers for their use after completing the RBS training course as
				required by California Code of Regulations Title 4 §
										161 (c);
(12) Am materials submitted to the department
				pursuant to this section that are in a language other than English, shall be
				accompanied by cm English translation and a declaration from the training
				provider's translator that the translation is a true English translation from
				the language other than English;
(13) An affidavit explaining in writing how
				the applicant's business entity, and each owner and officer, comply with the
				training provider approval criteria found in California Code of Regulations
				Title 4 §
										168(b);
(14) A list of all arrests and all
				convictions for each owner and officer of the applicant's business entity;
				and
(15) The initial review fee set
				forth in California Code of Regulations Title 4 §
										168.3(m)(1).
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 168.1 - Registration of Training Providers Approved by an Accreditation Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a
				training provider and its RBS training course are approved through an
				accreditation agency, the training provider does not need to pay any
				departmental fees for the initial review of its RBS training course.
(b) If a training provider and its RBS
				training course is approved through an accreditation agency, the training
				provider must provide the following registration information to the department
				after or concurrent with accreditation agency approval in order to operate
				under their approval:
(1) Legal entity name
				and DBA of the applicant;
(2)
				Applicant's type of business entity, together with a copy of all applicant's
				business entity formation documents;
(3) If the applicant is a corporation,
				limited liability company, general partnership, limited partnership, or limited
				liability partnership, the applicant must provide proof of registration with
				the California Secretary of State, including identification of the person
				designated for service of process and the contact information for service of
				process;
(4) A list of each owner
				and officer of the applicant, and the mailing address, phone number, email
				address, and title of each owner and officer;
(5) Primary email contact information of the
				applicant;
(6) Primary telephone
				contact information of the applicant;
(7) Primary business address of the
				applicant;
(8) Mailing address of
				the applicant if different from the primary business address;
(9) A list of all arrests and all convictions
				for each owner and officer of the applicant's business
				entity;
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 168.2 - Fingerprinting by the Department for All Training Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After,
				or concurrent with, the approval of a training provider by the department, or
				accreditation of a training provider by an accreditation agency, the training
				provider must provide a valid fingerprint record of each owner and officer of
				applicant to the department. When available, the valid fingerprint record shall
				be submitted electronically.
The department shall use background checks of the valid
				  fingerprint records to confirm the lists of arrests and convictions submitted
				  by a training provider. The department will also use the valid fingerprint
				  records to monitor if any owner and officer of a training provider are arrested
				  or convicted of a crime involving moral turpitude.
(c) The department must receive the results
				of the background checks on the valid fingerprint record for each owner and
				officer of the applicant prior to the training provider being placed upon the
				department's approved training-provider list.
(d) The applicant is responsible for the
				payment of any fees associated with the review or validation of criminal
				history by valid fingerprint record for any owner and officer of the training
				provider by background check.
1. New 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: Sections
					 25681(a)
					 and
					 25685(a),
					 Business and Professions Code. Reference: Sections
					 23009,
					 24200(d),
					 25681
					 and
					 25685,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 169 - ABC on-Premises Licensee Requirements Under the Responsible Beverage Service Training Program Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An ABC
				on-premises licensee may establish the validity of an alcohol server
				certifications only within the department's online certification
				system.
(b) An ABC on-premises
				licensee may maintain records of employee alcohol server certifications, as
				required by Business and Professions code §
									25682(b)(1),
				within the department's online certification system.
(c) If an ABC on-premises licensee maintains
				records of employee alcohol server certifications within the online
				certification system, the licensee will receive automatic notifications from
				the online certification system for recorded alcohol servers prior to their
				certificate's expiration, but the department does not otherwise have a duty to
				notify licensees when an alcohol server certification held by an ABC
				on-premises licensee's employee or contractor is expiring. An ABC on-premises
				licensee may request to opt out of automatic notifications for their alcohol
				servers.
(d) An ABC on-premises
				licensee must ensure that a certified alcohol server is recertified prior to
				the expiration, or they will be subject to the prohibition found in Business
				and Professions code §
									25683.
(e) If an ABC on-premises licensee asserts
				the affirmative defense found in Business and Professions Code §
									25682
				(b)(2), the ABC on-premises licensee must
				submit the following relevant evidence at an applicable hearing:
(1) The date and records of the initial
				employment of the alcohol server who is alleged to have served alcohol for
				consumption without being certified under the RBSTPA; and
(2) Six months of payroll records prior to
				the date of the alleged violation for all employees at the licensed premises
				where the alleged violation occurred.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 170 - Administration of the Alcohol Server Certification Exam Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				department shall prepare the alcohol server certification examination using the
				topics and information contained in California Code of Regulations Title 4
				§§
									162-166.
(b) Alcohol servers shall register with the
				department's electronic certification system prior to taking the alcohol server
				certification exam and provide the following information to establish their
				alcohol-server profile:
(1) Legal
				name;
(2) Birthdate;
(3) Email;
(4) Zip code of current residence;
				and
(5) Personal identification
				information, which may be the last four digits or characters of any of the
				following: a state issued identification number, state issued driver's license
				number, social security number, tax identification number, or employment
				identification number. The alcohol server is required to notify the department
				of which personal identification information is used to
				register.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 171 - Emergency Decisions for Accreditation Agency or Training Provider Misconduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an
				accreditation agency or a training provider is allowing alcohol servers to
				receive alcohol server certifications without completing an approved RBS
				training course, it is deemed to be an immediate danger to the public health,
				safety, and welfare that requires immediate action under Government code §
									11460.30 due to the harm and cost
				of the overuse of alcohol to the community by untrained alcohol
				servers.
(b) To address an
				immediate danger to the public health, safety, and welfare that requires
				immediate action, the department may prepare a petition and hearing for
				emergency decision as specified under Government Code §§
									11460.40
				and
				11460.50.
(c) The Department may temporarily suspend an
				accreditation of a training provider by an accreditation agency and temporarily
				suspend an approval by the department of a training provider or an
				accreditation agency through an emergency decision under this
				section.
1. New 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: Sections
					 25681(a)
					 and
					 25685(a),
					 Business and Professions Code; and Section
					 11460.20,
					 Government Code. Reference: Sections
					 11460.30,
					 11460.40
					 and
					 11460.50,
					 Government Code; and Sections
					 25684
					 and
					 25685,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 172 - Hearing to Determine Accreditation Agency or Training Provider Misconduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For any
				hearing regarding a revocation, suspension, or denial of an accreditation of a
				training provider by an accreditation agency or an approval by the department
				for either an accreditation agency or a training provider, the department, in
				its exclusive discretion, shall consider scheduling the hearing at a time,
				including evening hours, and at a place convenient to all parties to a
				proceeding, including those witnesses required to be present, and the public
				affected.
(b) Hearings under this
				section are otherwise controlled by Business and Professions Code §
									24300
				et seq.
1. New 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: Sections
					 25681(a)
					 and
					 25685(a),
					 Business and Professions Code. Reference: Sections
					 23009,
					 24300
					 and
					 25681,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 173 - Penalty Assessment for Abc Licensee Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				penalty guideline for an ABC licensee in violation of Business and Professions
				code §
									25683 is a 10-day
				suspension.
(b) For an
				administrative penalty imposed upon an ABC licensee for violation of Business
				and Professions code §
									25683, an administrative law judge
				may consider the following factors, among others, for either aggravation or
				mitigation:
(1) percentage of employees
				without a certification;
(2) the
				length of time one or more employees is employed without a certification;
				and
(3) any prior warnings given to
				the ABC licensee regarding alcohol server certification requirements under the
				RBSTPA.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 175 - Authority. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  1.1 ( §§
										175 through
				  199) filed 2-3-55 as an emergency;
				  effective upon filing (Register 55, No. 3).
2. Repealer of Chapter
				  1.1 (§§
										175 through
				  199) and new Chapter 1.1 (
				  §§
										175 through
				  200) filed 4-19-66; effective
				  thirtieth day thereafter (Register 66, No. 10.)
3. Repealer filed
				  2-19-82; effective thirtieth day thereafter (Register 82, No. 8).
Note: Authority cited for §§
											175 through
					 200: Section
					 23077,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 176 - Location of Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				reference to the Board's "principal office" means the Board's physical mailing
				address as listed at abcab.ca.gov.
(b) Any reference to the Department's
				"principal office" means the Department's headquarters and its physical mailing
				address as listed at abc.ca.gov.
1. New section
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23). For prior history, see Register 82, No. 8.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Sections
					 23050
					 and
					 23075,
					 Business and Professions Code.
California Code of Regulations › Title 4 - Business Regulations › Division 1.1 - Alcoholic Beverage Control Appeals Board › Article 1 - General › Section 177 - Gender and Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of these rules and regulations, any reference to
				  gender shall extend to all genders and any reference to the singular number
				  shall extend to and include the plural number also.
1. New section
				  filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 23). For prior history, see Register 82, No. 8.
Note: Authority cited: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.
					 Reference: Section
					 23077,
					 Business and Professions Code; and Article XX, Section
					 22, California Constitution.