Initial Statement of Reasons

Proposed Adoptions to Title 4, Article 25:

Responsible Beverage Service Training Program: Section 165.1, 165.2

Problem Statement and Purpose

The Department of Alcoholic Beverage Control (ABC) has been tasked by the Legislature to develop, implement and administer a curriculum for a new Responsible Beverage Service (RBS) training program that will include drink spiking prevention as part of the course. Pursuant to AB2402, the updated training will include: (A) best practices on how to prevent or protect a person from drink spiking and (B) best practices if the person believes they have, or someone they know has, been drugged because of drink spiking. ABC currently has an established curriculum for the RBS training, one part of which is focused on how alcohol affects the body, codified as CA Business and Professions Code §§ 25680-25686. The alcohol serving community is in a unique position to assess and intervene in potentially dangerous situations. Given the serious health and safety risks of drink spiking, the Legislature has delegated ABC to create additional curriculum to help prevent this danger.

This update seeks to create a minimum baseline of topics to be taught by an accredited training provider for the prevention of drink spiking. The first new section will inform licensees and other stakeholders of the best methods to prevent drink spiking, including creating a safe environment, recognizing signs of drink spiking, and using equipment like drink lids and testing kits. The second section will inform licensees and stakeholders on how to properly respond to someone who believes they or someone they know has been drugged because of drink spiking.

Benefits

This regulation is beneficial because it fits within ABC’s mandate as an agency tasked with the protection of the safety, welfare, peace, and morals of the people of the State. The proposed regulations will create a minimum baseline curriculum to be expounded upon by a training provider for the purpose of reducing the harmful effects of drink spiking. The Legislature has been proactively passing legislation to prevent drink spiking, such as AB1013 which mandated certain licensees to have drug testing kits on hand. Likewise, AB2402 will enable the alcohol serving community to become familiar with the drug testing kits so should a drink spiking situation arise, they will be able to act accordingly. ABC anticipates the proposed regulation will continue to help promote the health and safety of the people of the State by raising awareness to the evils of drink spiking. By enabling the alcohol serving community to be vigilant of these problems, the risk of drink spiking can be reduced and remedied for a safer California.

Authority

Authority cited: Sections 25681, 25685, 25750, Business and Professions Code; Section 22 Article XX California Constitution.

Reference: Section 25680, Business and Professions Code.

Necessity

The specific purpose for each section is as follows:

Section 165.1

This section defines the topic to be covered in an RBS training course for the statutory required topic, “how to prevent and protect a person from drink spiking.” The topic was required pursuant to Business and Professions Code section 25681(f)(1)(A). This section is necessary to define the minimum standards of curriculum for a portion of an RBS training course for both creation by training providers and approval by ABC.

Section 165.1(a)

This subsection of the proposed rule requires a training provider to present techniques on how to create a safe and inclusive environment. This subsection is necessary to inform the alcohol serving industry why creating a safe and inclusive environment helps deter drink spiking and provide examples of tools the industry can create and use to achieve this. This subsection will ensure alcohol servers are provided with the knowledge of how to create a safe and inclusive physical space by observing patrons for signs of drink spiking, enforcing capacity limits, creating crowd control policies, and policies to prevent drink spiking of served alcoholic beverages. This subsection is also necessary because it ensures alcohol servers will be knowledgeable about tools used to prevent drink spiking, such as drink lids and drug testing kits, when taking their RBS training course.

Section 165.1(a)(1)

This subparagraph requires a training provider to present information on spotting and reporting suspicious behavior in patrons and creating policies to report that behavior to managers. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(a)(2)

This subparagraph requires a training provider to present information on a licensee knowing and enforcing capacity limits and the creation of crowd control procedures for a licensed premises. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(a)(3)

This subparagraph requires a training provider to present information on policies or procedures to prevent drink spiking in alcohol served. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(a)(3)(A)

This subpart requires a training provider to present information on drink lids as a drink spiking deterrence method, and that lids are required to be available in a Type 48 licensed premises pursuant to Business and Professions Code section 25625. This subpart is necessary to create a minimum mandatory example of a tool licensees can use to deter drink spiking that must be taught to licensees and their alcohol servers to increase public safety within their licensed premises. This section is also necessary to encourage other licensees in the alcohol serving industry to provide lids to increase public safety within their licensed premises.

Section 165.1(a)(3)(B)

This subpart requires a training provider to present information on the availability of drug testing kits and devices. This subpart is necessary to create a minimum mandatory example of tools licensees can use to deter and respond to drink spiking that must be taught to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(a)(3)(B)(i)

This romanette requires a training provider to discuss on of the Legislature’s anti-drink spiking statutes and to remind Type 48 licensees of their obligation to post signs and provide drug testing kits to patrons who believe they or someone they know may be a victim of drink spiking. This section is also necessary to encourage other licensees in the alcohol serving industry to post similar signs and provide drug testing kits to increase public safety within their licensed premises.

Section 165.1(a)(3)(B)(ii)

This romanette lists common drug testing devices that detect the presence of alcohol or drugs. Further, a list of common drink spiking drugs is included. This romanette is necessary to create a minimum baseline of information about possible drug testing devices that are available that must be taught to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(a)(3)(C)

This subpart mandates a training provider provide information to alcohol servers taking their training program about how to create an unattended drink policy. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.1(b)

This subsection of the proposed rule requires a training provider to present at least five signs of drink spiking to alcohol servers taking their training course. This subsection is necessary to provide a minimum baseline of information to be taught and expounded on by a training provider. This subsection is also necessary because the information presented will inform the alcohol serving industry of signs to watch for so they may be better enabled to spot a potential victim of drink spiking and properly respond.

Section 165.1(b)(1)

This subparagraph requires a training provider to present information on recognizing when a person appears intoxicated after ingesting little or no alcohol at all. This is a common symptom exhibited by a person who is a victim of drink spiking. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises by recognizing when a person could be a victim of drink spiking.

Section 165.1(b)(2)

This subparagraph requires a training provider to present information on recognizing when a person complains about the strength of the alcoholic beverage they were served. This is a common symptom exhibited by a person who is a victim of drink spiking. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises by recognizing when a person could be a victim of drink spiking.

Section 165.1(b)(3)

This subparagraph requires a training provider to present information on recognizing when a person appears dizzy or nauseous. This is a common symptom exhibited by a person who is a victim of drink spiking. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises by recognizing when a person could be a victim of drink spiking.

Section 165.1(b)(4)

This subparagraph requires a training provider to present information on recognizing when a person has a sudden loss of bladder or bowel control. This is a common symptom exhibited by a person who is a victim of drink spiking. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises by recognizing when a person could be a victim of drink spiking.

Section 165.1(b)(5)

This subparagraph requires a training provider to present information on recognizing when a person appears to have a sudden body temperature change. This is a common symptom exhibited by a person who is a victim of drink spiking. This subparagraph is necessary to create a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises by recognizing when a person could be a victim of drink spiking.

Section 165.2

This section defines the topic to be covered in an RBS training course for the statutory required topic, “best practices if the person believes they have, or someone they know has, been drugged as a result of drink spiking.” The topic was required pursuant to Business and Professions Code section 25681(f)(1)(B). This section is necessary to define the minimum standards of curriculum for a portion of an RBS training course for both creation by training providers and approval by ABC.

Section 165.2(a)

This subsection of the proposed rule requires a training provider to present a minimum of five steps for alcohol servers to take if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subsection is necessary to provide a minimum baseline of information to be taught and expounded upon by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(a)(1)

This subparagraph requires a training provider to present information on the first step an alcohol server should take: bringing a potential victim of drink spiking to safety and keeping a staff member with them. This subparagraph is necessary because it provides the first step an alcohol server should take if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subparagraph is necessary to provide a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(a)(2)

This subparagraph requires a training provider to present information on the second step an alcohol server should take: calling emergency services if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subparagraph is necessary because it provides the second step an alcohol server should take if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subparagraph is necessary to provide a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(a)(3)

This subparagraph requires a training provider to present information on the third step an alcohol server should take: keep talking with the potential victim. This subparagraph is necessary because it provides the third step an alcohol sever should take if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subparagraph is necessary to provide a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(a)(4)

This subparagraph requires a training provider to present information on the fourth step an alcohol server should take: attempt to locate the potential perpetrator. This subparagraph is necessary because it provides the fourth step an alcohol server should take if a person believes they have, or someone they know has, been drugged as a result of drink spiking. This subparagraph is necessary to provide a minimum baseline of information to be taught by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(a)(5)

This subparagraph requires a training provider to present information on the fifth step an alcohol server should take: preserving the drink if possible. This subparagraph is necessary to provide a minimum baseline of information to be taught by the training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Section 165.2(b)

This subsection requires a training provider to present information on establishing a policy to train employees of a licensed premsies to identify common responses to trauma. This subsection is necessary because it will ensure alcohol servers are provided the basic knowledge to identify a person who might need help when they complete a mandated RBS training course. This subsection is necessary to create a minimum baseline of information to be taught and expounded on by a training provider to licensees and their alcohol servers to increase public safety within their licensed premises.

Technical, Theoretical, and Empirical Study, Report, or Similar Documents Relied Upon

Articles

Bossart, Celine. “How to Prevent Drink Spiking in Your Bar. and What to Do When It Does Happen.” Liquor.Com, Liquor.com, 7 Oct. 2019.

Center for Substance Abuse Treatment (US). “Understanding the Impact of Trauma.” Trauma-Informed Care in Behavioral Health Services., U.S. Accessed Sept. 2024.

“Recognizing Behavioral Cues: 6 Signs of Suspicious Activity.” Controlled F.O.R.C.E., 17 May 2023.

Retail Insider. “How to Create a Safe and Responsible Bar Environment.” Retail Insider, 11 Oct. 2023.

“What Is Drink Spiking?” – Alcohol and Drug Foundation, . Accessed Sept. 2024.

Evidence Supporting Finding of no Significant Statewide Adverse Economic Impact Directly Affecting Business

ABC has made the determination that the adoption of these regulations will have a minimal economic impact on current and prospective training providers and licensees consisting of the costs incurred by the training provider to add the curriculum into their current training program and upload it to ABC for approval. ABC will not require a fee for the change as this additional curriculum has been mandated by the Legislature and is exempt from fees pursuant to Title 4 California Code of Regulations 168.3 (h). None of these amendments or additions add or remove costs of the program not already accounted for in past regulatory actions on the RBSTPA.

Based on the above, ABC determined that the proposed regulatory action will not have a significant statewide adverse economic impact to businesses statewide including the ability of California businesses to compete with businesses in other states.

Alternatives to the Proposed Regulations Considered by the Department

There are no alternatives considered for their implementation, and no alternatives contemplated would have any effect upon the statutorily mandated minimal fiscal impact upon training providers to change their existing training courses.

Regulatory Mandates

This regulatory package creates no new duties or regulatory mandates for licensees, local governments, or ABC.