5.62.030 RBS training program curriculum | Sebastopol Municipal Code

5.62.030 RBS training program curriculum.

A. The RBS training program curriculum standards for servers and security staff at off-site alcoholic beverage establishments shall include:

1. A minimum of three to four hours of face-to-face instruction.

2. Curriculum that addresses:

a. Alcohol as a drug and its effects on the body and behavior, including:

i. Signs and stages of intoxication (including levels of intoxication varying from legally intoxicated to obviously intoxicated);

ii. Factors that vary blood alcohol concentration (body weight, gender, fitness, environment, health, tolerance, food, alcohol concentration); and

iii. Alcohol-impaired driving;

b. The interaction of alcoholic beverages and other commonly used drugs, legal and illegal, prescription and nonprescription;

c. State laws, including ABC regulations, local ordinances, and criminal and civil penalties, covering the sales or service of alcoholic beverages and the operation of establishments serving alcoholic beverages, including:

i. Sales to persons under the age of 21 (Cal. Bus. & Prof. Code § 25658);

ii. Possession by persons under the age of 21 (Cal. Bus. & Prof. Code § 25662);

iii. Minors on public premises (Cal. Bus. & Prof. Code § 25665);

iv. Keg registration (Cal. Bus. & Prof. Code § 25659.5);

v. Sales to obviously intoxicated persons and server’s duty of care (Cal. Bus. Code § 25602);

vi. Driving while under the influence (Cal. Veh. Code § 23152);

vii. Hours of operation (Cal. Bus. & Prof. Code §§ 25630 – 25633);

viii. Age of servers/seller (Cal. Bus. & Prof. Code § 25663);

ix. Unsupervised sales by person(s) under 18 (Cal. Bus. & Prof. Code § 25663(b));

x. Sale and/or consumption after hours (Cal. Bus. & Prof. Code §§ 25631, 25632);

xi. Employees accepting alcoholic beverages (Cal. Code Regs. § 143);

xii. Disorderly/disruptive premises (Cal. Bus. & Prof. Code § 25601; Cal. Code Regs. §§ 143.2, 143.3); and

xiii. Retail operation standards (Cal. Bus. & Prof. Code § 25612.5);

d. Recognizing signs of intoxication and intervening with intoxicated patrons;

e. Recognizing patrons under 21 years of age, including:

i. Checking age identification documents;

ii. Knowledge of acceptable forms of identification;

iii. Methods and skills for recognizing false identification;

iv. Methods and skills for eliciting information from patrons with questionable identification;

f. Recognizing shoulder tapping;

g. Intervening with belligerent patrons;

h. Use of alternative means of transportation to ensure that intoxicated patrons reach home safely;

i. Controlling crowds and other security measures;

j. Recognizing patrons using illegal drugs on the premises (Cal. Bus. & Prof. Code § 24200.5; Cal. Health & Safety Code);

k. Recognizing persons using premises for the sale or purchase of illegal drugs (Cal. Bus. & Prof. Code § 24200.5; Cal. Health & Safety Code); and

l. Recognizing illegal gambling activities on the premises (Cal. Bus. & Prof. Code § 24200(a); Cal. Pen. Code § 330).

3. A comprehensive test to ensure that the trainee has a working knowledge of the concepts presented in the program as well as the skills needed to implement them.

B. The RBS training program curriculum standards for servers and security staff at on-site alcoholic beverage establishments shall include:

1. A minimum of three to four hours of face-to-face instruction;

2. Same requirements specified in subsection A of this section;

3. Methods and skills for appropriately pacing customer drinking so that the customer will not leave the premises in an intoxicated condition, including suggestive selling techniques and food promotion;

4. Knowledge of mixology, including knowledge of alcohol equivalencies and their effects on the body, drink size and limits, and marketable alternatives to alcoholic beverages; and

5. A comprehensive test to ensure that the trainee has a working knowledge of the concepts presented in the program as well as the skills needed to implement them.

C. Curriculum specific for managers and licensees of on-site and off-site alcoholic beverage sales establishments shall include:

1. A minimum of three to four hours of face-to-face instruction;

2. Same requirements specified in subsections A and B of this section;

3. State laws, including ABC regulations, local ordinances, and criminal, civil, and administrative penalties, including:

a. Duties and responsibilities of licensees and those in supervisory roles;

b. Insurance;

c. Not operating a bona fide full-service restaurant (Cal. Bus. & Prof. Code §§ 23038, 23396);

d. Illegal solicitation of alcoholic beverages (Cal. Bus. & Prof. Code § 25657; Cal. Penal Code § 303);

e. Disorderly house, prostitution, and lewd conduct (Cal. Bus. & Prof. Code § 25601);

f. Licensee or employee not permitting inspection of premises (Cal. Bus. & Prof. Code § 25755) or records (Cal. Bus. & Prof. Code § 25616);

g. Licensee or employee resisting arrest or interfering with investigation on the premises (Cal. Bus. & Prof. Code § 24200(a); Cal. Pen. Code § 148);

h. Advertising and marketing for safe and responsible drinking patterns (including compliance with marketing and signage provisions of retail operation standards) (Cal. Bus. & Prof. Code § 25612.5);

4. Understanding of management practices and their relationship to safe and responsible drinking patterns, including, but not limited to, the following:

a. Hiring practices (including background checks and references, verifying age of applicant to comply with age of server laws, and completing RBS training within required time frames);

b. Adequate staffing;

c. Interior design of the premises;

d. Hours of operation;

e. Drink size and number limits;

f. Use of food promotional techniques;

g. Handling patrons who arrive intoxicated; and

h. Effective supervision of employees with respect to:

i. Eliminating employee use of alcoholic beverages or illegal drugs on the job;

ii. Illegal sale or service of alcoholic beverages to persons who are intoxicated or who are under 21 years of age;

5. Development of standard operating procedures (also known as house policies) to prevent and deal with common problems associated with the sale and service of alcohol;

6. Recognizing the need for documenting, and maintenance of written records on, incidents of sales to obviously intoxicated persons and persons under 21 years of age, and shoulder tapping;

7. Methods to support employees in their interactions with belligerent patrons, obviously intoxicated persons, and persons under 21 years of age;

8. Recognition of signs and symptoms of alcohol-related problems with regard to employees and methods to develop or access employee assistance programs (including compliance with licensee or bartender working in premises while intoxicated (Cal. Bus. & Prof. Code § 24200(a)); and

9. Assessment, development and dissemination of written policy and procedural guidelines for the implementation of responsible business practices, including practices for maintaining a positive relationship with surrounding neighborhood and community at large.

The following curriculum standards apply to RBS training programs for licensees and managers of off-site alcoholic beverage sales establishments only:

10. Proper display and storage of alcoholic beverages on the premises, including:

a. Isolation of alcoholic beverages from nonalcoholic beverages;

b. Display and storage of alcoholic beverages that maximize opportunity for monitoring patrons in establishment and to prevent theft;

11. Recognizing how inventory may be used in the manufacture of illegal drugs; and

12. Recognizing public safety risks of the off-site sale of the following alcoholic beverages:

a. Malt beverage products with alcohol content greater than five and one-half percent by volume;

b. Containers of beer or malt liquor larger than 39 ounces;

c. Distilled spirits in bottles or containers smaller than 375 milliliters;

d. Flavored alcoholic beverages (FABs), including alcoholic energy drinks (AEDs), which contain both alcohol and stimulants (typically caffeine and guarana). (Ord. 1104 § 3, 2017)