Monterey Herald

Beverage Service Training Program Act

- Sara Boyns is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to email@ fentonkell­er.com.

QI have heard about a new training that is required for workers who serve alcohol. What exactly is this training and who is required to take it?

AThe Responsibl­e Beverage Service Training Act will go into effect on July 1. The act, which was created by Assembly Bill 1221, creates a new training and certificat­ion requiremen­t for alcohol servers and their managers. The act authorized the California Department of Alcoholic Beverage Control (ABC), the agency that regulates the granting of licenses to businesses regarding alcohol, to establish the Responsibl­e Beverage Server Training Program. Under the program, certain alcohol servers and their managers must have a valid Responsibl­e Beverage Server certificat­ion from the ABC to serve alcohol.

Aug. 31 is the deadline for alcohol servers and managers to receive the certificat­ion. New employees hired after the law's effective date must receive training and certificat­ion within 60 days of their hire date. An alcohol server is defined as anyone who does any of the following:

• Checks customer identifica­tion for purposes of alcoholic beverage service or entry to an ABC on-premises licensed establishm­ent;

• Takes customer alcoholic beverage orders;

• Pours alcoholic beverages for customers; or

• Delivers alcoholic beverages to customers.

An alcohol manager is anyone who trains, directly hires, or oversees alcohol servers at an ABC licensed premises, or who trains alcohol servers how to perform the service of alcohol for consumptio­n for an ABC onpremises licensee.

The purpose of the new certificat­ion is to ensure servers and their managers are educated on the dangers of serving alcohol to minors and of over-serving alcohol to patrons, with the intention of reducing alcohol-related harm to local communitie­s.

To begin the process of receiving the certificat­ion, alcohol servers and their managers can create an account in the Responsibl­e Beverage Service Portal at https://abcbiz.abc.ca.gov/ and can then complete the following three-step process:

• Register with ABC as a server on the Responsibl­e Beverage Server Portal;

• Take Responsibl­e Beverage Server training from an approved training provider; and

• Return to the Responsibl­e Beverage ServerPort­al to take ABC's alcohol server certificat­ion exam.

Once alcohol servers and managers have an account on the portal, they can search through a list of training providers and sign up for the required program. Within 30 days of taking the training, alcohol servers and managers must take and pass an exam. The certificat­ions are valid for three years and

must be renewed thereafter. Employers cannot register their staff for the trainings. Each server or manager needs to register and sign up for the training themselves through their own individual portal.

The ABC estimates that this certificat­ion requiremen­t applies to approximat­ely 56,000 ABC licensees with on-premises alcohol sale privileges and one million servers in California. While this act applies very broadly, the ABC FAQ suggests some potential exemptions to certificat­ion, such as, alcohol distributo­rs who provide trainings on how to feature products for marketing purposes; academic instructor­s who teach a college or university course where beer or wine is tasted; salon or barbershop owners or stylists who provide their customers with compliment­ary beer or wine; and employees of a licensed plane or boat (Type 54 and 55). The FAQs can be viewed at https://www.abc.ca.gov/ education/rbs/frequently­asked-questions/ It is important to consult with counsel if you have any questions about whether this act applies to your business or ABC license.

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