Chula Vista Municipal Code Ch. 8.27 Training in Responsible Alcoholic Beverage Service Required for on-Sale…

TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE SERVICE REQUIRED FOR ON-SALE LICENSEES AND EMPLOYEES

Sections:

• 8.27.010 Definitions.

• 8.27.020 Responsible beverage service training required – Proof. 8.27.030 Violation – Penalty.

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 as in the California Business and 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, delivered, or served pursuant to a retail on-sale license granted by the California Department of Alcoholic Beverage Control (ABC) for the service and consumption of alcohol.

• C. “Business license” means a license authorizing a business to operate within the City of Chula Vista, California.

D. “Licensee” means any person or entity that has a retail on-sale license issued by the ABC, such as a bar, restaurant, tavern, or night club.

E. “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 alcoholic outlet.

F. “Server” means any person who, as part of his or her employment, sells, serves or delivers any alcoholic beverage.

• G. “Patron” means a customer who purchases alcohol through a sale, service or delivery.

H. “Responsible beverage service” (RBS) training or “licensee education on alcohol and drugs” (LEAD) training means an education program, conducted by the ABC or by a private provider, which incorporates best practices in the responsible service of alcoholic beverages. (Ord. 3310 § 1, 2014).

A. No on-sale alcohol outlet may serve, sell, or arrange delivery to a patron any alcoholic beverages unless a manager, assistant manager or lead employee who has completed a LEAD or RBS training course is on the premises.

B. No licensee, manager or server shall sell, serve or deliver to a patron any alcoholic beverage unless he or she has completed LEAD or RBS training.

C. Each licensee, manager and server must complete training within six months from the effective date of this chapter, start of employment, or from start of business, whichever date is earliest.

D. Proof of completion for a LEAD or RBS training program will be considered valid for a period of four years from the date of completion.

E. Licensees shall be responsible for ensuring that all managers and servers they employ comply with this section.

F. Licensees shall maintain on the premises a file of proof of completion of the LEAD or RBS training by the licensee, managers and servers that shall be available for inspection by any peace officer or other enforcement officer during regular business hours. The proof of completion shall include: (1) the effective date of hire; (2)

course completion date; (3) the name of the LEAD or RBS training completed; (4) a copy of each training certificate or wallet card, or other written proof of completion; and (5) identifying information of the licensee, managers and servers, including the name, address, phone number and California driver’s license number, if applicable.

G. Before a licensee may be cited pursuant to CVMC 8.27.030 for refusing to allow a peace officer or other enforcement officer to inspect proof of completion records as required in subsection (F) of this section, the peace officer shall obtain a search warrant for the proof of completion records from the San Diego Superior Court.

H. The City shall provide a summary of the requirements of this chapter together with its penalties for violation prior to issuing a business license to all alcohol outlets, as defined in this chapter. (Ord. 3310 § 1, 2014).

A. Violation of any provision of this chapter or failure to comply with any requirement of this chapter is an infraction and shall be punishable in accordance with the provisions of Chapter 1.20 CVMC, General Penalty, and other laws applicable to infractions.

B. Nuisance. In addition to any other remedies provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such pursuant to Chapter 1.30 CVMC, Abatement of Public Nuisance.

C. Administrative Citation. In addition to any other remedies provided in this chapter, a violation may be enforced by administrative action brought by the City pursuant to Chapter 1.41 CVMC, Administrative Remedies.

D. Business License Revocation. In addition to any other remedies provided in this chapter, any violation of this chapter may be grounds for revocation of an existing business license issued by the City of Chula Vista and/or denial of issuance of a future business license, pursuant to Chapter 5.02 CVMC, Business Licenses Generally. (Ord. 3310 § 1, 2014).