Cal. Code Regs. Tit. 4, § 169 - ABC on-Premises Licensee Requirements Under the Responsible Beverage Service Training Program Act

(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.

(f) The 60-day grace period for the affirmative defense found in Business and Professions Code § 25682 (b)(2) applies only to the date of initial employment, and not for alcohol server certification renewals.

(g) The designated person or persons onsite at a nonprofit organization event under either a temporary daily on-sale license or a temporary daily off-sale license shall be engaged in the service of alcohol and shall directly oversee any other persons serving alcohol to the public on behalf of the nonprofit organization licensee. This includes, but is not limited to, creating and enforcing responsible beverage service policies for the service of alcoholic beverages at the event.

Notes

Cal. Code Regs. Tit. 4, § 169

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 25682, 25683, 25684, 25685 and 25753, Business and Professions Code.

1. New section filed 5-20-2020; operative 5/20/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).