Oceanside Municipal Code Art. VI Responsible Alcoholic Beverage Sales and Service Training

Alcoholic beverage shall have the same meaning as in the California Business and Professions Code Section 23004 or any successor section.

Alcoholic outlet means any physical location or structure from which any alcoholic beverage may be sold, delivered, or served pursuant to a license granted by the California Department of Alcoholic Beverage Control (ABC) for the service and consumption of alcohol.

Business license means a license authorizing a business to operate within the City of Oceanside.

Licensee means any person or entity that has a license for the retail sale, delivery or service of alcoholic beverages from the California Department of Alcoholic Beverage Control.

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

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

Patron means a customer who purchases alcohol through a sale, service or delivery.

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. No. 15-OR0697-1, § 1, 11-18-2015)

(a) No 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 RBS or LEAD 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 RBS or LEAD training. Businesses existing as of the effective date of this ordinance shall have one hundred eighty (180) days from the effective date of this ordinance to comply with this chapter. Thereafter, all said businesses shall have ninety (90) days from the date of beginning such activities to comply with this chapter.

(c) Proof of completion for a RBS or LEAD training program will be considered valid for a period of two (2) years from the date of completion.

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

(e) Licensees shall maintain on the premises a file of proof of completion of the RBS or LEAD 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 RBS or LEAD training completed; (4) a copy of each training certificate, and (5) identifying information of the licensee, managers and servers, including the name, address, phone number and California driver's license number, if applicable.

(f) The city shall provide to applicant for a business license that are alcohol licensees, as defined in this chapter, a summary of the requirements of this chapter prior to issuing a business license or renewal.

(Ord. No. 15-OR0697-1, § 1, 11-18-2015)

(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 of the Oceanside City Code. At the discretion of the city attorney, a violation of this chapter may also be charged as a misdemeanor.

(b) Administrative citation. Alternatively, any violation of this chapter may be enforced by administrative action brought by the City pursuant to chapter 1 of the Oceanside City Code, to include civil fines not exceeding one thousand dollars ($1,000.00) per occurrence.

(Ord. No. 15-OR0697-1, § 1, 11-18-2015)