San Marcos Municipal Code Ch. 10.46 Alcoholic Beverages—responsible Beverage Sales and Service

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 at retail pursuant to a license granted by the California Department of Alcoholic Beverage Control.

(c)

Business Certificate means a certificate or license authorizing a business to operate within the City of San Marcos, California.

(d)

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.

(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 Sales and Service Training or RBSS Training means a training program conducted by or provided online by the California Department of Alcoholic Beverage Control (ABC); or by a RBSS Training Provider, as that term is defined by this Section, to train alcohol Licensees, their Managers and Servers in responsible Alcoholic Beverage sales, delivery and service methods and practices.

(i)

RBSS Training Provider means a training provider that has been approved by the ABC as a responsible beverage sales training provider and who appears on the most current version of the responsible beverage sales training provider list available on the ABC website.

(Ord. No. 2019-1471, § 7(Exh. F), 2-12-2019)

(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 Responsible Beverage Service and Sales 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 RBSS Training. However, Licensees, their Managers and Servers shall have 90 days from the date of beginning of such activities or the effective dates of this Chapter, whichever is later, to complete RBSS Training. Businesses existing as of the effective date of this ordinance shall have 180 days from the effective date of this ordinance to comply with this Chapter. Thereafter, all said businesses shall have 90 days from the date of the beginning of such activities to comply with this Chapter.

(c)

Certification received from an RBSS Training program will be considered valid for a period of two years from the date of certification.

(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 RBSS Training by the Licensees, Managers and Servers that shall be available for inspection and copying by any peace officer or other enforcement officer during regular business hours. The proof of completion for each Licensee, Manager and Server shall include: (1) the effective date of hire; (2) course completion date and, if applicable, the course renewal date; (3) the name of the certified RBSS Training completed; (4) a copy of each training certificate; and (5) identifying information of the Licensees, Managers and Servers, including the name, address, phone number and California driver's license number, if applicable.

(f)

The City shall provide to all applicants for a Business Certificate that are alcohol Licensees, as defined in this Chapter, a summary of the requirements of this Chapter together with its penalties for violation prior to issuing a Business Certificate or renewal.

(Ord. No. 2019-1471, § 7(Exh. F), 2-12-2019)

(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 Section 1.12.010 of the San Marcos Municipal Code. At the discretion of the prosecutor, a violation of this Chapter may be charged as a misdemeanor.

(b)

Civil Action. In addition to any other remedies provided in this Chapter, any violation of this Chapter may be enforced by civil action brought by the City pursuant to Section 1.12.020 of the San Marcos Municipal Code.

(c)

Administrative Citation. Alternatively, any violation of this Chapter may be enforced by administrative action brought by the City pursuant to Chapter 1.14 of the San Marcos Municipal Code, to include civil fines not exceeding $1,000.00 per offense occurrence.

(Ord. No. 2009-1318, 4-28-09; Ord. No. 2019-1471, § 7(Exh. F), 2-12-2019)