a non-profit organization has obtained a temporary daily on-sale license for a fundraiser. who within the organization has to be rbs certified?
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California Business and Professions Code § 25682 (2018) :: 2018 California Code :: US Codes and Statutes :: US Law :: Justia
Cal. BPC Code § 25682 - 25682. (a) Beginning July 1, 2021, a licensee that is subject to this article shall not employ or continue to employ any alcohol server without a valid alcohol server certification.(1) An alcohol
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2018 California CodeBusiness and Professions Code - BPC
DIVISION 9 - ALCOHOLIC BEVERAGES
CHAPTER 16 - Regulatory Provisions
ARTICLE 4 - Responsible Beverage Service (RBS) Training Program Act of 2017
Section 25682.
Universal Citation: CA Bus & Prof Code § 25682 (2018)25682.
(a) Beginning July 1, 2021, a licensee that is subject to this article shall not employ or continue to employ any alcohol server without a valid alcohol server certification.
(1) An alcohol server who was employed by the licensee prior to July 1, 2021, shall obtain an alcohol server certification by August 31, 2021.
(2) An alcohol server employed by the licensee on or after July 1, 2021, shall obtain an alcohol server certification within 60 calendar days of employment.
(b) (1) A licensee that is subject to this article shall ensure that each alcohol server it employs has a valid alcohol server certification. The licensee shall maintain records of certifications for inspection, upon request, by the department.
(2) Except for a violation of subdivision (c), it shall be a defense against any action for a violation of this article that the alcohol server was within 60 calendar days of initial employment or, with regard to employees employed prior to July 1, 2021, between July 1, 2021, and August 31, 2021, inclusive.
(c) A nonprofit organization that has obtained a temporary daily on-sale license or a temporary daily off-sale license from the department shall designate a person or persons to receive RBS training prior to the event, and that designated person or persons shall remain onsite for the duration of the event.
(Amended by Stats. 2018, Ch. 92, Sec. 18. (SB 1289) Effective January 1, 2019.)
California’s RBS Training Requirements & Penalties
Businesses that don't comply with California's RBS Training mandate can face legal penalties. Learn the training requirements, effective July 1, 2022.
Alcohol Service
California’s RBS Training Requirements & Penalties
May 31, 2022 4 Min Read
Learn more about California’s RBS Training requirements and the consequences for not complying.
The Responsible Beverage Service Training Act, created after the passage of Assembly Bill 1221 in 2017, required the California Department of Alcoholic Beverage Control (ABC) to build a Responsible Beverage Service (RBS) Training Program. The comprehensive training program aims to provide alcohol servers with the skills needed to serve alcoholic beverages responsibly and reduce alcohol-related harm in local California communities.
As of July 1, 2022, all alcohol servers and their managers must complete alcohol server training and have valid RBS Certification to legally serve alcohol in California. Be prepared for the new requirements by getting your training with Userve’s state-approved RBS Certification Training Program.
RBS Certification is mandatory starting July 1, 2022
Currently, RBS Training is only required if a local government mandates it. Effective July 1, 2022, all on-premises alcoholic beverage servers and their managers in California must complete a state-approved RBS Training Course and have valid RBS Certification.
Those required to have a RBS Certification must complete alcohol server training by completing an RBS Training Course. Once completed, ABC will administer the state RBS exam which an alcohol server must pass no later than August 31, 2022. After completing the RBS Training Course and passing the state exam, a person will be certified for 3 years. This certification must be renewed before its expiration to remain valid.
Who needs RBS Certification?
A business with an “ABC On-Premises License” allows the licensee to serve alcoholic beverages to customers who then consume the drink on-site. ABC licensees that must comply to the training mandate and ensure staff are RBS Certified include restaurants, bars, tasting rooms (including off-sale locations), fast casual dining, stadiums and hotels.
Roles that must complete RBS Training:
Alcohol ServersAccording to Assembly Bill 1221, alcohol servers are staff who are responsible for any of the following duties:
checking customer ID before allowing entry to an ABC on-premises licensed business or serving alcoholic beverages
taking alcoholic beverage orders from customers
pouring alcoholic beverages for customers
delivering alcoholic beverages to customers
Alcohol Server ManagersManagers are staff who directly hire, train or supervise alcohol servers at an ABC-licensed establishment. This includes people who provide alcohol service training for an ABC on-premises licensee, but excludes employees or contractors of a separate ABC licensee that trains alcohol servers specifically for marketing or distribution purposes.
Requirements for One-Day LicensesNon-profit organizations that have acquired a temporary daily on-sale license or temporary daily off-sale license for an event must have at least one RBS-certified person on-site to oversee the alcohol service for the event. This designated person must have acquired their certification by the day of the event.
While certain roles are required to complete RBS Training, everyone working at a licensed business can contribute to ensuring safe alcohol service practices are met. We recommend that everyone from owners, managers and employees complete training so that all staff are familiar with alcohol service laws and regulations and have the tools they need to minimize safety risks and avoid alcohol service-related penalties.
What are the penalties for not completing RBS Training?
Enforcement of the training mandate begins September 1, 2022. ABC-licensed establishments must ensure that all alcohol servers and their managers have completed RBS Training and be certified. Businesses should maintain records of employee certifications. These records can be subject to inspection, upon request, by ABC.
Failing to comply with the mandate can result in disciplinary action. Licensed businesses can face a 10-day suspension if found in violation of the new requirement. The penalty can also vary based on the following factors:
the percentage of employees without RBS training and certification
the amount of time one or more employees have been employed without RBS certification
any prior warnings given to the establishment regarding Alcohol Server Certification requirements under the Responsible Beverage Service Training Act
This suspension must be served consecutively with any other alcohol service-related violations.
Ensure your licensed business is prepared for the RBS Training requirements coming into effect in July 2022. Userve’s RBS Certification Program is approved by the Department of Alcoholic Beverage Control and provides alcohol servers with the required training to pass the state exam. Avoid administrative penalties for your business and know that alcohol servers in your establishment have the knowledge they need to serve alcohol responsibly through our flexible and engaging RBS Training Course!
Alcohol Server Training
Get the training you need to earn your Alcohol Server Certificate with no prior experience required.
RBS Exam Flashcards
Study with Quizlet and memorize flashcards terms like Which crime is often related to alcohol use?, Whose responsibility is it to act as gatekeeper in regard to the community's ability to obtain alcohol in public establishments?, Which condition is associated with alcohol-impaired driving? and more.
RBS Exam
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Which crime is often related to alcohol use?
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sexual assault
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Whose responsibility is it to act as gatekeeper in regard to the community's ability to obtain alcohol in public establishments?
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the alcohol server
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1/49 Created by alekrw1
Terms in this set (49)
Which crime is often related to alcohol use?
sexual assault
Whose responsibility is it to act as gatekeeper in regard to the community's ability to obtain alcohol in public establishments?
the alcohol server
Which condition is associated with alcohol-impaired driving?
Impaired judgement
When alcohol is mixed with ______ the side effects can range from discomfort to death.
medications or recreational drugs
What is the best way to sober up an intoxicated person?
only time will sober up an intoxicated person
What does "BAC" mean?
blood alcohol concentration
Which statement is true regarding people with a high tolerance to alcohol?
they are better at hiding their intoxication
Eating food while drinking alcohol may
slow down the rate of intoxication.
The use of foul language is an example of
lowering inhibitions
Which statement about alcohol's path through the human body is true?
no digestion is needed in alcohol absorption
What is the primary purpose of ABC's T.R.A.C.E. program?
identify and investigate where persons under 21 years of age obtained alcohol and who was killed or obtained serious injury or accident
It is unlawful for a person who has _____ percent or more, by weight, of alcohol in his/her blood to drive a vehicle.
0.08 bac
When can a 19-year old legally serve alcoholic beverages in a restaurant?
when the server's primary responsibilities is to serve food
Which type of cannabis use is legal at an onsite alcohol establishment?
use of cannabis products are not permitted in onsite alcohol establishments
A non-profit organization has obtained a temporary daily on-sale license for a fundraiser. Who within the organization has to be RBS certified?
the alcohol pourers
The failure of a licensee to comply with the RBS program requirements shall be grounds for
disciplinary action.
Security personnel, whose post is located outside the entrance to an alcohol establishment, has the primary responsibility to control the number of patrons entering and to check their IDs. Does the bouncer need to be certified?
Yes, because security personnel check IDs.
Infractions are punishable by
fine
What does "RBS" mean?
Responsible Beverage Service
What is the maximum penalty for serving alcohol after hours?
6 months in jail
A member of a group of patrons becomes obviously intoxicated. What should the server do?
inform the other group members that the obviously intoxicated patron will no longer be served alcohol
A legally acceptable ID has which characteristic?
issued by a government agency
Which statement regarding state issued identification cards is true?
they are a valid proof of age
PCP is an example of a(n)
Hallucinogen
Which substance is considered a depressant?
alcohol
What is embossed on the holder's picture on a California Real ID?
their birthdate
Which feature is located on the back of a valid California driver license?
barcode
When should a server check a patron's ID?
prior to serving alcohol to the patron
A server may seize any identification presented by a person that is fake, so long as
a receipt is given to the person from whom the fake ID is seized
Upon seizing a fake ID, the alcohol establishment must give the fake ID to local law enforcement authorities within
24 hours
What happens when an alcohol server serves alcohol to a minor after inspecting a fake ID and reasonably concluding it to be valid?
the alcohol server has a defense against prosecution
Which technique is best for determining the validity of an ID?
ompare the signature on the ID to a fresh signature given by the ID holder
When refusing alcohol service to a patron, the server should do so
courteously
When refusing alcohol service to a patron, the server should do so
discreetly
Which form of ID is NOT acceptable for determining a person's age?
interim state issued driver license
When is a work-issued ID valid for purchasing alcohol?
never
A youthful appearing patron presents an expired ID and wants to purchase alcohol. Based on best practices, what should the server do?
tell the patron that you cannot serve him/her alcohol
What is the most valid reason for refusing service to a patron?
The patron cannot provide a valid ID
Which is an indicator of a false ID?
card is too thick
An administrative violation occurs on an ABC licensed premises, _____ of that premises is at risk for administrative penalties.
the license
One of the benefits of establishing policies for the service of alcoholic beverages is that it
provides a safe and comfortable space for patrons and employees.
When an obviously intoxicated patron decides to leave your establishment, what best practice should you observe?
Guys, does anyone know the answer?