Comments on RBS Pending Regulation

Comments received during the week of September 16, 2019.

Comment #9:

From Wally Rhode

I have a question about the requirement for section 164 (b). It states to include information about title 4 code regulations referring to section 160(b). When I read that section it looks like a lot of information the students don’t really need to know. I just want to make sure I am reading the correct rules.

Here is what I am reading as section 160(b):

(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)“Initial employment” means the date an employee signs an employment contract or employee tax and identification documents, whichever is sooner. (8)“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.(9)“Manages or supervises” means any person who trains, hires, or oversees alcohol servers at an ABC licensed premises, or any person who makes policy or operational decisions dictating how alcohol service is performed at an ABC licensed premises, including but not limited to, when to check identification or when to refuse service to a patron. This definition specifically excludes an employee or contractor of another separate ABC licensee who is training alcohol servers for marketing or distribution purposes. (10) “Onsite” for the purposes of Business and Professions Code § 25682(c) means being engaged and directly overseeing the service of alcohol for consumption by any persons on behalf of the nonprofit organization licensee. This includes, but is not limited to, creating and imparting responsible beverage service policies to the other persons serving alcoholic beverages for consumption at the event.(11)“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. (12) “Owners and officers” include any owner, director, or officer of a business entity that has at least a ten percent interest or control of a business entity. (13)“RBS” means responsible beverage service.(14)“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. (15)“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.

Do you want us to list all of that for the students? The questions I have are about part 5,6,7,8,11? Do the students really need to know those terminologies since it only applies to the trainer or online company? Or am I looking at the wrong information?

ABC Summary

Items will be addressed at the end of the 45 day comment period.


Comment #10

From Craig Reed

Section 169, Subsection (c)

Current: “An ABC on-premises licensee may request automatic notifications from the online certification system for employed 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.”

Proposed change: “An ABC on-premises licensee will receive automatic notifications from the online certification system for employed 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. The licensee may request to opt out of the automatic notifications.”

Rational: Sending notifications through an automatic system doesn’t not increase costs for ABC, and will improve compliance with meeting renewal deadlines.

Section 170, Subsection (f)

Current: “Alcohol servers must answer at least 70% of questions on the alcohol server certification exam correctly . . . “

Proposed change: “Alcohol servers must answer at least 75% of questions on the alcohol server certification exam correctly . . .”

Rational: Unlike food service employees who may cause individuals to become ill should they not handle food properly, servers of alcohol are likely to contribute to the death of innocent individuals or the patron when they overserve an individual. Therefore, since the stakes are higher, a slightly higher base of knowledge should be set.

Section 170, Subsection (k)

Current: “The department shall notify an alcohol server sixty days prior to their certification’s expiration date at the email address submitted to the department by the alcohol server.”

Proposed change: “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.”

Rational: It is standard practice to send more than one notification since it is highly likely a single noticed is missed by the recipient. Also, if this is programmed into the automatic notices, this action will not increase cost to ABC and in fact should reduce cost to ABC since the percentage of those needing to renew their training complete their training by the required deadline would be expected to be higher.

Additional Thoughts

  • Section 162 (c) (4): homicide and suicide should be included as public health risks for excessive alcohol intake
  • Section 163 (b): add the potential for alcohol to dangerously exacerbate fatigue
  • Section 163 (e) (4): detail the specific effects of combining cannabinoids (especially THC) and alcohol
  • Section 166 (k): standard beverage sizes need to be taught to servers as well. Emphasis needs to be made on servers’ responsibility to know the ABV of the products they serve. Emphasize the potential for “craft beers,” ciders, and other prepackaged drinks to come in larger serving sizes and higher ABVs. Emphasize the size of a standard pour of wine.

#1. We’d like to be on record for supporting in person training when possible and for ABC to work with localities to promote in person training who desire this to be a best practice.

#2. We’d like to ensure local law enforcement will have access to the database of those who have completed the training so they can assist with compliance checks.

#3. We wish to see ABC move to a virtually proctored system for their online training in order to ensure those completing the training are actually the ones taking the exam.

#4. We would like to ensure that there is no way to skip through the online training (i.e. speed up the training) to better ensure the training materials are actually reviewed by the individual taking the training.

 Thank you for time and for providing this opportunity for feedback so that the interests of public health are incorporated into rules that protect our communities. 

ABC Summary

Items will be addressed at the end of the 45 day comment period.


Comment #11

From Sherry Casher

Please see the attached regarding the AB 1221 Responsible Beverage Service Training Program Regulations.

ABC Summary

Items will be addressed at the end of the 45 day comment period.

The attached letter is not available here as it was not provided in an format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RBSTPComments@abc.ca.gov to request the letter as a PDF document. You may visit our Accessibility page for more information.


Comment #12

From Logan Miller

To Whom This May Concern:

Please see the attached comments letter from Hinman & Carmichael LLP regarding the Responsible Beverage Server Training Program

ABC Summary

Items will be addressed at the end of the 45 day comment period.

The attached letter is not available here as it was not provided in an format that meets the WCAG 2.0 AA guidelines for accessibility. Please email RBSTPComments@abc.ca.gov to request the letter as a PDF document. You may visit our Accessibility page for more information.