California Code of Regulations › Title 4 - Business Regulations › Division 1 - Department of Alcoholic Beverage Control › Article 25 - Responsible Beverage Service Training Program › Section 160 - Responsible Beverage Service Training Program

Current through Register 2024 Notice Reg. No. 28, July 12, 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.