National City Municipal Code Ch. 10.42 Responsible Beverage Sales and Services

As used in this section, the following definitions apply:

"Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on or control the operations of an on-sale establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of an on-sale establishment:

1. Hires or terminates employees;

2. Contracts for the purchase of furniture, equipment or supplies, except for the occasional replenishment of stock;

3. Distributes funds of the business, except for the receipt of regularly replaced items of stock;

4. Makes or participates in making policy decisions regarding operations of the licensed business.

"On-sale establishment" means a facility providing the sale and service of alcoholic beverages for consumption by guests on the premises (on-sale), including restaurant dining areas where food service is the primary function and bars, in which the sale and consumption of alcohol on the premises is the primary function. "Bar" means and includes those facilities located within a hotel, motel or other similar transient occupancy establishment.

"Responsible beverage service training course" means a training program recognized by the California Department of Alcoholic Beverage Control for on-sale management and on-sale professional services.

(Ord. 2287 § 1 (part), 2006)

A. No on-sale establishment may serve or sell alcoholic beverages unless a manager who has completed a responsible beverage service training course is on the premises.

B. Every manager of an on-sale establishment must complete a responsible beverage service training course within ninety days of hire, or by December 31st of the year of hire, whichever is later.

C. Every person who serves or sells alcoholic beverages for consumption by guests on the premises of an on-sale establishment shall complete a responsible beverage service training course within ninety days of hire, or by December 31st of the year of hire, whichever is later.

D. A list of all persons who have completed the training required by this section shall be maintained on the premises of the on-sale establishment and, together with the proof of such completion, shall be provided to any police or other enforcement officer for inspection and copying promptly upon request.

(Ord. 2287 § 1 (part), 2006)

All on-sale establishments in existence on the date of the effective enactment of the ordinance codified in this chapter must comply with the provisions of this chapter no later than January 1, 2007.

(Ord. 2287 § 1 (part), 2006)

A. A violation of any provision of this chapter or a failure to comply with any mandatory requirements of this chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this chapter may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a one thousand dollar fine.

B. Administering departments will be authorized to charge cost recovery fees for services provided under this chapter. Cost recovery may also be recovered for equipment and personnel expenses incurred. All penalties and related costs shall be credited to "Responsible Beverage Service and Sales Regulation Fund." The fund shall be used exclusively with the administration and enforcement of this chapter.

(Ord. 2287 § 1 (part), 2006)