Berkeley Municipal Code Ch. 9.84 Responsible Beverage Service Training

A. The City Council finds that sales and service of Alcoholic Beverages to persons who are inebriated and to persons under the age of 21 result in serious public health and safety problems, such as alcohol abuse, drunk driving, vehicle accidents, injuries and death.

B. The purpose of this Chapter is to address these problems by mandating appropriate training for Licensees, Servers and Managers. Such training will:

1. Prevent the over-service and over-consumption of alcohol by customers while on the premises of licensed vendors;

2. Reduce alcohol-related crashes, injuries, and deaths that often result from driving while intoxicated;

3. Eliminate the sale to and/or consumption of alcohol by underage persons;

4. Assist Licensees to develop and implement responsible policies for the promotion, sales and service of alcohol; and

5. Promote an attitude of professionalism on the part of Licensees, Servers and Managers.

C. According to a 2004 Safer California Universities Study, 28.1% of UC Berkeley students said it was "very easy" or "easy" to find a bar within two miles of campus where they could buy alcohol without showing an ID, 29.5% for a liquor/grocery or convenience store, and 31.40% for a restaurant.

D. According to a recent Alameda County BHCS AOD Youth Survey 23% of Berkeley High students (and 40% of Berkeley Alternative students) gain access to alcohol through local supermarkets and liquor stores.

E. Responsible Beverage Service training has a strong track record in reducing alcohol-related problems, particularly in the state of Oregon where there was an 11% reduction in fatal, alcohol-related car crashes in one year and a 23% drop in single-vehicle nighttime injury crashes over three years after training became mandatory statewide. (Ord. 6967-NS § 1 (part), 2007)

As used in this Chapter, the following words and phrases have the meanings set forth in this Section:

A. "Alcoholic beverage" shall have the same meaning is in Business & Professions Code section 23004 or any successor section.

B. "Alcohol Outlet" means any physical location or structure from which any Alcoholic Beverage may be sold or served at retail pursuant to a license granted by the California Department of Alcoholic Beverage Control.

C. "Licensee" means any person or entity that has a license for the retail sale or service of Alcoholic Beverages from the California Department of Alcoholic Beverage Control. If a Licensee is not a natural person, it shall designate a natural person as Licensee for purposes of this Chapter.

D. "Manager" means the person, regardless of job title or description, who has discretionary powers to organize, direct, carry on, control or direct the operation of an Alcohol Outlet.

E. "Server" means any person who, as part of their employment, sells, serves or delivers any Alcoholic Beverage.

F. "Responsible Beverage Service Training" or "RBS Training" means an educational course in responsible beverage sales and service methods and practices, conducted by the California Department of Alcoholic Beverage Control or the City of Berkeley or an organization certified by the California Department of Alcoholic Beverage Control or the City of Berkeley, and which provides a certificate of completion. Such courses shall be consistent with RBS Training courses offered by the California Department of Alcoholic Beverage Control, and include at least the topics listed below for review and discussion, as applicable.

1. Laws covering the service of alcoholic beverages and the operation of establishments serving alcoholic beverages.

2. Alcohol as a drug and its effects on the body and behavior, including its effects on a person operating a motor vehicle.

3. Effects of alcoholic combination with commonly used drugs, both legal and illegal.

4. Methods of recognizing the signs of intoxication, development of standard procedures designed to prevent customers from becoming intoxicated, and the learning of skills to intervene with intoxicated customers.

5. Development of standard operating procedures for dealing with underage customers, including the use of age verification techniques.

6. Development of standard operating procedures to assist employees who need help in dealing with underage customers, intoxicated customers and/or other "problem customers," and in maintaining records that relate to such incidents.

7. Methods of dealing with special event promoters and development of written policies and procedures for the marketing of alcohol.

8. Methods of recognizing and dealing with customers who use or traffic in illegal drugs.

9. Development of policies and procedures for dealing with employees who use or traffic in illegal drugs.

10. 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. (Ord. 6967-NS § 1 (part), 2007)

A. Every Licensee and Manager shall complete Responsible Beverage Service Training within 90 days of beginning such activities or the effective date of this Chapter, whichever is later, and every other year thereafter. A Licensee or Manager who does not comply with this requirement may not sell or serve any Alcoholic Beverage until they have completed RBS Training.

B. Every Server shall complete Responsible Beverage Service Training within 90 days of beginning such activities or 180 days of the effective date of this Chapter, whichever is later, and every other year thereafter. A Server who does not comply with this requirement may not sell or serve any Alcoholic Beverage until they have completed RBS Training.

C. Notwithstanding anything to the contrary, a Licensee, Server or Manager who has completed Responsible Beverage Service Training within the 12 month period immediately preceding the effective date of this chapter shall not be required to take such training again less than 12 months after the effective date of this chapter.

D. Licensees shall be responsible for ensuring that all Servers and Managers they employ comply with this section.

E. Licensees, Servers and Managers shall provide to the City proof to the City’ s satisfaction of having completed Responsible Beverage Service Training within 10 days of having done so, and shall also maintain a file of proof of completion that shall be available for inspection by City employees during regular business hours. This requirement shall also apply to Licensees, Servers and Managers covered by subdivision C. (Ord. 6967-NS § 1 (part), 2007)

A. Violation of this Chapter, and specifically failure to comply with any requirement in Section 9.84.030, is a misdemeanor punishable as set forth in Chapter 1.20 of this code, but may be charged, in the discretion of the prosecutor, as an infraction.

B. Nothing in this Chapter in any way limits any other remedy that may be available to the City, or any penalty that may be imposed by the City, including but not limited to, under Chapters 1.24, 23B.60 and 23B.64. (Ord. 6967-NS § 1 (part), 2007)