Text of Approved Regulations
Approved amendments to the Responsible Beverage Service Training Program Act regulations.
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TITLE 4. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL PROPOSED REGULATIONS
§ 163. Curriculum requirements for the impact of alcohol on the body.
- Physiology of alcohol on the human body.
- Alcohol’s path through the human body:
- No digestion needed in alcohol absorption;
- Alcohol is absorbed into the bloodstream after consuming;
- Some consumed alcohol is absorbed through the stomach lining; and
- Most consumed alcohol is absorbed quickly through the small intestine.
- How the human body processes alcohol:
- Most alcohol must be processed by the liver to remove it from the body;
- The liver metabolizes approximately one alcoholic drink equivalent or standard drink per hour;
- The liver does not speed up metabolization when the bloodstream has excessive alcohol; and
- Alcohol in the blood stream causes intoxication.
- Common myths about sobering up.
- Alcohol’s effect on the human body:
- Alcohol depresses the central nervous systems’ functions, including judgment, inhibitions, and reaction times;
- Alcohol depletes the body’s fluids and causes thirst and dehydration; and
- The liver normally maintains the body’s blood-sugar levels, but when alcohol is present the liver ceases normal functions to metabolize the alcohol from the bloodstream.
- Alcohol’s path through the human body:
- Alcohol-impaired driving:
- Slows reaction times;
- Reduced or decreased vision;
- Impaired judgment; and
- Reduction in concentration and coordination.
- Blood Alcohol Concentration (BAC) levels and associated symptomologies:
- The definition of intoxication by alcohol; and
- Intoxication can occur in as little as one alcoholic drink equivalent or standard drink.
- Potential signs of intoxication.
- Physical reactions:
- Slurred and varied speech;
- Slow and deliberate movement;
- Decreased alertness; and
- Loss of coordination while sitting or standing.
- Physical appearance:
- Red or watery eyes;
- Sweating;
- Droopy eyelids;
- Face appearing flushed or red;
- Disheveled clothing;
- Lack of eye focus; and
- An odor of alcohol.
- Lowering of inhibitions:
- Overly friendly;
- Use of foul language;
- Increased volume of speech; and
- Increased rate of alcohol consumption.
- Loss of judgment:
- Complaints about the strength of the alcoholic beverages being served;
- Carelessness with money;
- Increasingly argumentative; and
- Makes irrational statements.
- Physical reactions:
- Factors affecting the severity of intoxication.
- Amount and speed of consumption of alcohol:
- Food in the stomach can slow the rate of intoxication; and
- The higher the amount of alcohol consumed the more alcohol is found in the blood stream.
- Drinking alcohol rapidly, like binge drinking, can quickly lead to higher levels of intoxication.
- Tolerance to alcohol, drugs, and other toxic substances can build up over time as the human body adapts:
- Varies from person to person;
- Increased tolerance lessens the effects of alcohol on the central nervous system; and
- A person with high tolerance can hide effects of intoxication while still being impaired.
- Medications or recreational and illegal drugs can have very harmful effects when mixed with alcohol:
- Medications, and recreational and illegal drugs, can themselves impair the human body in similar ways to alcohol intoxication; and
- Combining alcohol with medications or recreational and illegal drugs can lead to side effects from discomfort to death.
- Altitude can make alcohol intoxication nearly twice as potent on the human body.
- Amount and speed of consumption of alcohol:
Authority: Sections 25681(a) and 25685(a), Business and Professions Code.
Reference: Section 25680(c)(2), Business and Professions Code.
§ 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.
- 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:
- If an administrative violation occurs on the licensed premises, the license for that premises is at risk for administrative penalties;
- Information contained in Title 4 California Code of Regulations § 144;
- Explanation of aggravating and mitigating factors upon administrative penalties; and
- Information contained in Business and Professions Code § 23095(a)-(c).
- Benefits for an ABC on-premises licensee of having policies in place for the service of alcoholic beverages for consumption to the public:
- Policies ensure uniformity of responsible business practices;
- Policies ensure an ABC licensed premises is a safe and comfortable space for patrons and employees; and
- Policies reduce the risk of criminal, civil, and administrative liability for the ABC licensee, its agents, and its employees.
- Effective policies increase profitability of the ABC licensed premises.
- Guidelines for the effective development of policies for the service of alcoholic beverages for consumption to the public:
- Develop policies to enforce objectives like preventing alcohol service to minors and overly-intoxicated persons;
- Develop policies to comply with all state and local laws pertaining to the ABC on-premises licensed premises; and
- Develop strategies for instructing and reinforcing policy implementation by management and employees.
- Guidelines for the effective use of policies for the service of alcoholic beverages for consumption to the public:
- Written policies should be clear and specific;
- Policies should be reviewed for relevance and accuracy, especially if there are frequent incidents of violence or illegal activity requiring peace officer assistance;
- Policies need to be taught and enforced with each employee; and
- Policies should be reinforced through regular training and meetings with employees.
- Critical RBS policy elements:
- Stopping alcoholic beverage service to a patron;
- Encouraging intoxicated patrons travel home safely;
- Handling patrons who arrive already intoxicated;
- Handling potentially violent situations;
- Handling illegal activities;
- Dealing with underage patrons;
- How and when to check a patron’s identification;
- Handling emergency situations;
- Implementing an incident log;
- Prohibiting employees consuming alcohol while working; and
- Prohibiting promotions that encourage intemperate consumption of alcoholic beverages or unlawful discrimination:
- Two for one drink specials;
- Ladies nights; and
- All you can drink or ‘bottomless’ alcoholic drink specials.
- Use of an incident log for the following incidents for employee communication:
- When alcoholic beverage service was stopped for a patron;
- When alternate transportation has been arranged for a patron;
- Any seizure of an identification;
- A patron becoming ill due to over consumption of alcohol;
- Any injury, medical treatment, or hospitalization of a person on the ABC licensed premises;
- Any illegal or violent incidents occurring on the ABC licensed premises; and
- Any calls for law enforcement assistance or other contact with peace officers.
- Interacting with law enforcement:
- ABC licensees, their employees, and their agents are expected to cooperate with all sworn peace officers, including ABC agents and local law enforcement;
- 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
- 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.
- Discrimination against classifications of individuals included in California Civil Code § 51.6 at an ABC licensed premises is prohibited:
- Information contained in Business and Professions Code § 125.6; and
- Prohibition includes discrimination by drink specials.
- Hiring practices for alcohol servers:
- To pour and serve an alcoholic beverage, an employee must be 21 years or older;
- If incidental to food service, an employee who is at least 18 years old may serve an alcoholic beverage;
- ABC on-premises licensees must independently confirm any employed or contracted alcohol server is certified under Business and Professions Code § 25682 (b)(1); and
- ABC on-premises licensees’ employment and payroll records shall be kept for four years and made available for inspection by ABC agents upon request.
- Good hospitality policies for the service of alcoholic beverage for consumption by patrons at an ABC licensed premises:
- Offer or serve a glass of water with the service of alcohol;
- Serve one beverage per patron at a time;
- Slow beverage service if needed;
- Do not serve a beverage to anyone who does not want one;
- Offer alternative non-alcoholic beverages;
- Offer food promotions;
- Offer promotions for designated drivers;
- Advise managers and coworkers when ceasing service to a patron; and
- Encourage all patrons have a safe ride to their next destination.
- Monitoring patrons’ alcoholic-beverage intake:
- 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.
- 12 oz. beer or cooler, about 5% alcohol by volume;
- 8 to 9 oz. malt liquor, including some beers greater than 7% alcohol by volume;
- 5 oz. table wine, 12% alcohol by volume; and
- 1.5 oz. 80 proof-distilled spirit, 40% alcohol by volume;
- 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;
- Mixed beverages may have multiple servings within one drink; and
- 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.
- 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.
- Policies for monitoring common behavior of minors seeking alcohol service:
- One patron ordering alcoholic beverages for a large group that may include one or more minors;
- Making excuses for not having an identification; and
- Finding secluded locations in the licensed premises where employees cannot monitor their activity.
- Polices on the economics of quality hospitality service:
- Having multiple interactions with patrons to evaluate their moods and needs;
- Listening to patron complaints, compliments, and suggestions for improvement of service;
- Sharing feedback with management; and
- Recognizing that better service and patron engagement will help the establishment be more popular and more productive.
Authority: Sections 25681(a) and 25685(a), Business and Professions Code.
Reference: Section 25680(c)(5), Business and Professions Code.
§ 168. Training provider application and standards for approval by the department.
- 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:
- Legal entity name and DBA of the applicant;
- Applicant’s type of business entity, together with a copy of all founding business entity formation documents;
- 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;
- 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;
- Primary email contact information of the applicant;
- Primary telephone contact information of the applicant;
- Primary business address of the applicant;
- Mailing address of the applicant if different from the primary business address;
- 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;
- 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);
- 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);
- Any materials submitted to the department pursuant to this section that are in a language other than English, shall be accompanied by an 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;
- 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);
- A list of all arrests and all convictions for each owner and officer of the applicant’s business entity; and
- The initial review fee set forth in California Code of Regulations Title 4 § 168.3 (m)(1).
- Department’s approval criteria for training providers:
- A training provider must, in its affidavit required under § 168(a)(12), demonstrate that its RBS training course was created by persons with a background and experience in the fields of alcohol service, training, hospitality, and psychology to meet the requirement in Business and Professions Code § 25681(b)(1)(A). Each required field may be covered by a different individual involved in the creation of the RBS training course whether owner, employee, or consultant. Background and expertise may be demonstrated by degrees, certifications, trainings, or work experience;
- A training provider’s proposed RBS training course(s) must comply with the minimum standard curriculum as set forth in California Code of Regulations Title 4 §§ 161-166 herein and be approved by the department or an accreditation agency prior to its use;
- Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(B) for keeping records of alcohol server certifications issued. Training providers may use the department’s online certification system as a compliant record keeping program;
- Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(C) to have the ability to give technical support required for alcohol servers to complete their RBS training course;
- For purposes of this subsection, “technical support” means service, help, or advice provided by the training provider to a person who is attempting to be certified through any electronic system used by the training provider for the collection of student data for registration with the training provider or dissemination of its RBS training course or associated required materials.
- Training providers must comply with the requirement in Business and Professions Code § 25681 (b)(1)(D) for data security protocols for any collected alcohol server information, online payments, and alcohol server certification records kept outside the department’s online certificate system; and
- Training providers’ owners and officers must not have been convicted of any crimes of moral turpitude, as that term is applied to ABC license holders under Business and Professions Code § 24200(d).
- If the department needs more information or clarification to approve a training provider application, the prospective training provider will have 60 days to respond from the date the department’s request is issued. If the prospective training provider does not respond in the specified time period, the application will be deemed abandoned and withdrawn. The training provider’s response is considered received the day it is delivered to ABC either electronically, in person, or by mail.
- If an approved training provider has a change in ownership or officers, the training provider must resubmit the information pursuant to California Code of Regulations Title 4 § 168(a)(1)-(8) within 30 days of the change to allow the department to investigate and ensure its continued compliance with the regulations under this section. The training provider must also provide an ownership or officer update investigation fee as specified pursuant to California Code of Regulations Title 4 § 168.3(m)(3).
- If a training provider fails to notify the department of a change in ownership or officers within the 30-day time limit set forth in this subsection, they will be subject to discipline pursuant to California Code of Regulations Title 4 § 168.3(g)(5).
Authority: Sections 25681(a), 25681(b) and 25685(a), Business and Professions Code.
Reference: Sections 23009, 24200(d) and 25681, Business and Professions Code.
§ 168.3. Training provider review, modifications, and fees.
- A training provider shall notify the department of any change to the contact information provided by the training provider to the department during the application or registration process by updating their contact information within the department’s online certification system. Any department communication is presumed received and notice requirements are deemed effective if the communication is sent to the training provider using the contact information on record with the department.
- A training provider shall maintain current lists of its owners and officers and ensure any changes to its owners and officers continue to comply with the training provider approval criteria.
- A training provider must use one of its approved RBS training courses on file with the department whenever providing RBS training to alcohol servers under the RBSTPA.
- A training provider shall provide a notice of completion to an alcohol server immediately upon completion of their RBS training course either by email or written handout. The notice must include the alcohol server’s name, training provider’s name, the date of completion, and must direct the alcohol server to complete their alcohol server certification by taking the department’s alcohol server certification exam.
- A training provider must notify the department using the online certification system within 24 hours of an alcohol server’s completion of an approved RBS training course. Upon receiving this notification, the department will grant access to the alcohol server certification exam to the alcohol server through the online certification system registration under California Code of Regulations Title 4 § 170(b).
- The department shall review the effectiveness of all training provider RBS training courses through analysis of data collected when administering alcohol server certification exams. The department shall make the alcohol server certification exam data pertaining to a training provider’s students available to the training provider through the department’s online certification system.
- The department may deny, revoke, or suspend a training provider approval if it finds any of the following conduct by the training provider:
- The training provider does not meet the approval standards in this section;
- The training provider application is incomplete;
- The training provider misrepresented material facts within its application;
- The department is informed an owner or officer of the training provider has committed a crime of moral turpitude, as that term is applied to ABC license holders under Business and Professions Code § 24200(d);
- The training provider fails to inform the department of a change in its owners or officers pursuant to California Code of Regulations Title 4 § 168.3(d);
- The training provider’s RBS training course does not follow the standards set forth in Business and Professions code § 25681(b) and California Code of Regulations Title 4 § 168;
- The training provider is not teaching from its RBS training course submitted on file with the department pursuant to California Code of Regulations Title 4 § 168(a)(9)-(10), or the RBS training course it submitted to the accreditation agency submitted to the department pursuant to California Code of Regulations Title 4 § 167(h);
- The training provider fails to timely inform the department within 24 hours of an alcohol server completing their RBS training course pursuant to California Code of Regulations Title 4 § 168.3(e);
- The training provider fails to comply with a mandatory modification request from the department as outlined in California Code of Regulations Title 4 § 168.3(h); or
- The training provider perpetuates a fraud within the department’s online certification system.
- If the department requires a modification of all RBS training course materials due to a change in referenced law or the completion of a rulemaking action:
- The department shall notify the training provider in writing with a detailed list of the mandatory changes;
- The training provider shall have 60 days from the date notice is sent by the department to respond and provide an estimate of the length of time the training provider will need to complete the modification;
- If the training provider does not respond to the department’s request within the specified time, the training provider’s approval will be deemed withdrawn;
- The training provider shall modify their program within a reasonable time based on the amount of mandatory changes required and submit a record of all changes to the existing program to the department for approval;
- The department shall review the training provider’s RBS training course without any additional fees for a mandatory modification;
- The department shall use the same standards of approval for any modification as with the initial approval of an RBS training course; and
- The training provider shall not use the modified course until it has been approved by the department.
- If a training provider chooses to modify its RBS training course without a legal requirement to do so:
- The training provider shall seek approval from an accreditation agency, or the department;
- The training provider will notify the department or accreditation agency in writing with a detailed change log of all changes made to the RBS training that was submitted to the department under California Code of Regulations Title 4 § 168(a)(9)-(10), or the RBS training course it submitted to the accreditation agency submitted to the department under California Code of Regulations Title 4 § 167(h);
- The department after receiving a modification request from a training provider will determine if the modification constitutes a substantial change and notify the training provider of its decision in writing;
- If the department finds the modification request constitutes a substantial change, the request is subject to an initial review fee as itemized in California Code of Regulations Title 4 168.3(m)(1).
- A substantial change is a modification to an approved RBS training course to the extent that the department must review most of the approved RBS training course to reapprove its suitability, including but not limited to, a 50 percent or greater change of submitted content or a new language translation;
- The department shall review a modification request for an RBS training course without any additional fees, unless the department determines that the modification constitutes a substantial change;
- The department or accreditation agency shall use the same standards of approval for any modification as with the initial approval of an RBS training course; and
- The training provider shall not use the modified course until it has been approved by the department or an accreditation agency.
- If a training provider wishes to create a new RBS training course, either in format, presentation, language, or by a substantial change from its existing RBS training course:
- The training provider must provide an itemized and tabulated record demonstrating that the proposed RBS training course complies with California Code of Regulations Title 4 §§ 162-166 to the department or an accreditation agency;
- If submitted to the department, the training provider must pay an additional RBS training course initial approval fee set out in California Code of Regulations Title 4 § 168.3(m)(1) for review and approval of the proposed RBS training course; and
- The department and accreditation agency shall use the same standards for approval of the new RBS training course as if it was an initial training provider application.
- The department authorization to be a training provider grants the training provider the due process rights as a licensee under Business and Professions code § 23009 but does not grant an ABC license to the training provider. If a training provider wishes to challenge a department decision to deny, suspend, or revoke department authorization, it is subject to the processes, procedures, and due process rights of licensees under Business and Professions Code Division 9 chapters 6–8.
- A training provider must renew its approval annually with the department or an accreditation agency to ensure it continues to comply with the statutory and regulatory standards of the RBSTPA and any mandatory content added to the curriculum requirements by the department.
- Approvals expire at midnight on the last day of the month in which the approval was given in the previous year.
- On or before the first day of the month preceding the month that the approval expires, the department shall notify the training provider using the contact information on file with the department.
- To seek renewal, the training provider shall submit an itemized list of any changes it has made since its submission of its initial application, or last annual renewal, that modifies how the training provider complies with the training provider approval criteria.
- If seeking renewal from the department, the training provider shall submit the annual review fee set out in California Code of Regulations Title 4 § 168.3(m)(2) for each approved RBS training course currently being used.
- The department or accreditation agency shall review the submitted list of changes and renew the training provider using the same approval standards as the initial review.
- If an accreditation agency gives an approval, it is subject to the same reporting requirements to the department under California Code of Regulations Title 4 § 167(g)-(i).
- If an approval expires pursuant to subsection (l)(1), the approval may still be renewed within 60 calendar days of the expiration following the process described in subsection (l)(3). For renewals submitted to the department during this 60-day period, the training provider shall submit payment of the annual renewal fee set out in California Code of Regulations Title 4 § 168.3(m)(2), plus a penalty fee that shall be equal to 50 percent of the annual fee.
- Unless otherwise terminated, or until renewed, an approval that is in effect during the expiration month continues in effect through midnight of the 60th day following expiration of the approval pursuant to subsection (l)(1), at which time it is automatically cancelled.
- On or before the 10th day preceding the cancellation of the approval pursuant to subsection (l)(8), the department shall notify the accreditation agency using the contact information on file with the department that its approval will be cancelled under California Code of Regulations Title 4 § 168.3((l))(8).
- The following non-refundable fees are set to recover the reasonable costs of the department for approval, oversight, and enforcement of the above training provider standards:
- RBS training course initial approval fee of $1000.00;
- Annual renewal fee of $250.00 per approved RBS training course; and
- An RBS training provider transfer of ownership or officer update fee of $250.00.
Authority: Sections 25681(a), 25685(a) and 25685(b), Business and Professions Code.
Reference: Sections 23009 and 25681, Business and Professions Code.
§ 170. Administration of the alcohol server certification exam database.
- The department shall prepare the alcohol server certification examination using the topics and information contained in California Code of Regulations Title 4 §§ 162-166.
- 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:
- Legal name;
- Birthdate;
- Email;
- Zip code of current residence; and
- 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.
- When registering with the department’s electronic certification system, alcohol servers shall pay a $3.00 non-refundable registration fee electronically through the department’s online certificate system to reimburse the department for the upkeep, enforcement, and record keeping within the online certificate system.
- If an alcohol server’s payment pursuant to 170(c) or 170(i) is dishonored, the alcohol server’s certified status shall be suspended until all payments and associated fees or penalties for dishonored payment are paid.
- The department shall administer the alcohol server certification exam only to alcohol servers who have completed an approved RBS training course from an approved training provider.
- The alcohol server certification exam will test alcohol servers on the topics and information outlined in §§ 162-166.
- Alcohol servers must answer at least 70% of questions on the alcohol server certification exam correctly in order to be issued an alcohol server certification by their training provider.
- Alcohol servers will have 30 days from the date the department is notified of their completion of an RBS training course or three attempts to successfully pass the alcohol server certification exam, whichever comes first.
- The department shall provide results of alcohol server certification exams to the training provider who provided the associated RBS training course. If the alcohol server has a passing score, the training provider shall issue the valid alcohol server certification as specified in Business and Professions Code § 25681(d).
- If an alcohol server fails to successfully pass the alcohol server certification exam within the above time limits or number of attempts, they shall complete an additional approved RBS training course prior to paying an additional $3.00 non-refundable registration fee to the department for another set of attempts at the alcohol server certification exam.
- Alcohol servers’ certification records will be kept within the department’s online certification system.
- The department shall notify an alcohol server ninety, sixty, and thirty days prior to their certification’s expiration date at the email address submitted to the department by the alcohol server.
- To renew an alcohol server certification, an alcohol server must complete an approved RBS training course, pass the alcohol server certification exam, and pay a $3.00 non-refundable registration fee to the department in the same manner as for initial certification.
Authority: Sections 25681(a), 25685(a) and 25685(c), Business and Professions Code.
Reference: Sections 25680, 25681, 25682, 25683, 25684 and 25685, Business and Professions Code.