Sebastopol Municipal Code Ch. 5.62 Responsible Alcoholic Beverage Sales and Service

It is the intent of this chapter to:

A. Prevent nuisance activities where alcoholic beverage sales occur in order to protect the peace, health, safety and general welfare of the residents of the City of Sebastopol;

B. Prevent the sale at on-site and off-site alcoholic beverage sales establishments to intoxicated persons and persons under the age of 21;

C. Prevent the over-service and over-consumption of alcoholic beverages by patrons while on the premises of on-site alcoholic beverage sales establishments;

D. Reduce injuries and deaths resulting from intoxicated drivers after consuming alcoholic beverages obtained from on-site and off-site alcoholic beverage sales establishments;

E. Provide licensees, managers, and servers with knowledge and skills that will better enable them to comply with their responsibilities under State and local law; and

F. Assist alcoholic beverage sales establishments and their staff to develop and implement responsible policies for the promotion, sales and service of alcoholic beverages. (Ord. 1104 § 1, 2017)

As used in this chapter, the following definitions apply:

“Alcohol” or “alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

“Alcoholic beverage sales” means the retail sale or furnishing of alcoholic beverages for on-site or off-site consumption.

“Alcoholic beverage sales establishment” means a licensed establishment in the City of Sebastopol where alcoholic beverage sales occur.

“Approved trainer” means a person who is approved by the Sebastopol Police Chief or designee in accordance with regulations adopted by resolution of the City Council, as the same may be amended from time to time.

“California Department of Alcoholic Beverage Control” or “ABC” or “Department” refers to the department of the State of California empowered to act pursuant to Article 20, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

“Certificate of completion” means a certificate issued to any person who attends and successfully completes a responsible beverage service (RBS) training program.

“Full-service restaurant” means a place that:

1. Is primarily, regularly and in a bona fide manner used and kept open for the serving of at least dinner to guests for compensation;

2. Has kitchen facilities containing conveniences for cooking an assortment of foods that may be required for those meals;

3. Obtains a minimum of 67 percent of its gross receipts from the sale of meals and other food and nonalcoholic drink products; and

4. Submits evidence of total meal and other nonalcoholic product sales to municipal officials upon request for purposes of determining its status under this chapter. A place that sells or serves only sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or only snack foods, or both, is not a full-service restaurant.

“Licensee” means any person holding a license issued by the ABC to sell alcoholic beverages.

“Manager” means a person, regardless of job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an alcoholic beverage sales establishment. Authority to control one or more of the following functions shall be prima facie evidence that such a person is a manager of the alcoholic beverage sales establishment:

1. Hire or fire employees;

2. Contract for the purchase of furniture, equipment, or supplies other than the occasional replenishment of stock;

3. Distribute funds of the licensed business other than for the receipt of regularly replaced items of stock; or

4. Make or participate in policy decisions regarding operation of the alcoholic beverage sales establishment.

“Off-site alcoholic beverage sales establishment” means an alcoholic beverage sales establishment providing the sale and service of alcoholic beverages for consumption by patrons off the premises. Off-site alcoholic beverage sales establishments include but are not limited to the following: liquor stores; beer and wine stores; convenience markets; markets; neighborhood specialty food markets; retail sales establishments; wine shops; and service stations.

“On-site alcoholic beverage sales establishment” means an alcoholic beverage sales establishment providing the sale and service of alcoholic beverages for consumption by patrons on the premises. On-site alcoholic beverage sales establishments include but are not limited to the following: taverns; clubs; cocktail lounges; ballrooms; cabarets; piano bars; billiard or game parlors; wine tasting establishments; breweries; bowling alleys; nightclubs; cafes; dance halls; bars; restaurants with bars; full-service restaurants; and fast food establishments.

“Responsible beverage sales and service training program” or “RBS training program” means a program in responsible alcoholic beverage sales and service training, conducted by a trainer approved by the Sebastopol Police Chief or designee.

“Security staff worker” means any person who, as part of his or her employment, works in an alcoholic beverage sales establishment, provides security functions to the establishment and its patrons, and is not a manager or server.

“Server” means any person who, as part of his or her employment, sells, serves, or delivers any alcoholic beverage at an alcohol beverage sales establishment.

“Shoulder tapping” is a method of obtaining alcoholic beverages by a person under 21 years of age, whereby the person under 21 years of age stands outside an off-site alcoholic beverage sales establishment, such as a liquor store or supermarket, and asks a person over 21 years of age to purchase an alcoholic beverage on his or her behalf. (Ord. 1104 § 2, 2017)

A. The RBS training program curriculum standards for servers and security staff at off-site alcoholic beverage establishments shall include:

1. A minimum of three to four hours of face-to-face instruction.

2. Curriculum that addresses:

a. Alcohol as a drug and its effects on the body and behavior, including:

i. Signs and stages of intoxication (including levels of intoxication varying from legally intoxicated to obviously intoxicated);

ii. Factors that vary blood alcohol concentration (body weight, gender, fitness, environment, health, tolerance, food, alcohol concentration); and

iii. Alcohol-impaired driving;

b. The interaction of alcoholic beverages and other commonly used drugs, legal and illegal, prescription and nonprescription;

c. State laws, including ABC regulations, local ordinances, and criminal and civil penalties, covering the sales or service of alcoholic beverages and the operation of establishments serving alcoholic beverages, including:

i. Sales to persons under the age of 21 (Cal. Bus. & Prof. Code § 25658);

ii. Possession by persons under the age of 21 (Cal. Bus. & Prof. Code § 25662);

iii. Minors on public premises (Cal. Bus. & Prof. Code § 25665);

iv. Keg registration (Cal. Bus. & Prof. Code § 25659.5);

v. Sales to obviously intoxicated persons and server’s duty of care (Cal. Bus. Code § 25602);

vi. Driving while under the influence (Cal. Veh. Code § 23152);

vii. Hours of operation (Cal. Bus. & Prof. Code §§ 25630 – 25633);

viii. Age of servers/seller (Cal. Bus. & Prof. Code § 25663);

ix. Unsupervised sales by person(s) under 18 (Cal. Bus. & Prof. Code § 25663(b));

x. Sale and/or consumption after hours (Cal. Bus. & Prof. Code §§ 25631, 25632);

xi. Employees accepting alcoholic beverages (Cal. Code Regs. § 143);

xii. Disorderly/disruptive premises (Cal. Bus. & Prof. Code § 25601; Cal. Code Regs. §§ 143.2, 143.3); and

xiii. Retail operation standards (Cal. Bus. & Prof. Code § 25612.5);

d. Recognizing signs of intoxication and intervening with intoxicated patrons;

e. Recognizing patrons under 21 years of age, including:

i. Checking age identification documents;

ii. Knowledge of acceptable forms of identification;

iii. Methods and skills for recognizing false identification;

iv. Methods and skills for eliciting information from patrons with questionable identification;

f. Recognizing shoulder tapping;

g. Intervening with belligerent patrons;

h. Use of alternative means of transportation to ensure that intoxicated patrons reach home safely;

i. Controlling crowds and other security measures;

j. Recognizing patrons using illegal drugs on the premises (Cal. Bus. & Prof. Code § 24200.5; Cal. Health & Safety Code);

k. Recognizing persons using premises for the sale or purchase of illegal drugs (Cal. Bus. & Prof. Code § 24200.5; Cal. Health & Safety Code); and

l. Recognizing illegal gambling activities on the premises (Cal. Bus. & Prof. Code § 24200(a); Cal. Pen. Code § 330).

3. 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.

B. The RBS training program curriculum standards for servers and security staff at on-site alcoholic beverage establishments shall include:

1. A minimum of three to four hours of face-to-face instruction;

2. Same requirements specified in subsection A of this section;

3. Methods and skills for appropriately pacing customer drinking so that the customer will not leave the premises in an intoxicated condition, including suggestive selling techniques and food promotion;

4. Knowledge of mixology, including knowledge of alcohol equivalencies and their effects on the body, drink size and limits, and marketable alternatives to alcoholic beverages; and

5. 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.

C. Curriculum specific for managers and licensees of on-site and off-site alcoholic beverage sales establishments shall include:

1. A minimum of three to four hours of face-to-face instruction;

2. Same requirements specified in subsections A and B of this section;

3. State laws, including ABC regulations, local ordinances, and criminal, civil, and administrative penalties, including:

a. Duties and responsibilities of licensees and those in supervisory roles;

b. Insurance;

c. Not operating a bona fide full-service restaurant (Cal. Bus. & Prof. Code §§ 23038, 23396);

d. Illegal solicitation of alcoholic beverages (Cal. Bus. & Prof. Code § 25657; Cal. Penal Code § 303);

e. Disorderly house, prostitution, and lewd conduct (Cal. Bus. & Prof. Code § 25601);

f. Licensee or employee not permitting inspection of premises (Cal. Bus. & Prof. Code § 25755) or records (Cal. Bus. & Prof. Code § 25616);

g. Licensee or employee resisting arrest or interfering with investigation on the premises (Cal. Bus. & Prof. Code § 24200(a); Cal. Pen. Code § 148);

h. Advertising and marketing for safe and responsible drinking patterns (including compliance with marketing and signage provisions of retail operation standards) (Cal. Bus. & Prof. Code § 25612.5);

4. Understanding of management practices and their relationship to safe and responsible drinking patterns, including, but not limited to, the following:

a. Hiring practices (including background checks and references, verifying age of applicant to comply with age of server laws, and completing RBS training within required time frames);

b. Adequate staffing;

c. Interior design of the premises;

d. Hours of operation;

e. Drink size and number limits;

f. Use of food promotional techniques;

g. Handling patrons who arrive intoxicated; and

h. Effective supervision of employees with respect to:

i. Eliminating employee use of alcoholic beverages or illegal drugs on the job;

ii. Illegal sale or service of alcoholic beverages to persons who are intoxicated or who are under 21 years of age;

5. Development of standard operating procedures (also known as house policies) to prevent and deal with common problems associated with the sale and service of alcohol;

6. Recognizing the need for documenting, and maintenance of written records on, incidents of sales to obviously intoxicated persons and persons under 21 years of age, and shoulder tapping;

7. Methods to support employees in their interactions with belligerent patrons, obviously intoxicated persons, and persons under 21 years of age;

8. Recognition of signs and symptoms of alcohol-related problems with regard to employees and methods to develop or access employee assistance programs (including compliance with licensee or bartender working in premises while intoxicated (Cal. Bus. & Prof. Code § 24200(a)); and

9. Assessment, development and dissemination of written policy and procedural guidelines for the implementation of responsible business practices, including practices for maintaining a positive relationship with surrounding neighborhood and community at large.

The following curriculum standards apply to RBS training programs for licensees and managers of off-site alcoholic beverage sales establishments only:

10. Proper display and storage of alcoholic beverages on the premises, including:

a. Isolation of alcoholic beverages from nonalcoholic beverages;

b. Display and storage of alcoholic beverages that maximize opportunity for monitoring patrons in establishment and to prevent theft;

11. Recognizing how inventory may be used in the manufacture of illegal drugs; and

12. Recognizing public safety risks of the off-site sale of the following alcoholic beverages:

a. Malt beverage products with alcohol content greater than five and one-half percent by volume;

b. Containers of beer or malt liquor larger than 39 ounces;

c. Distilled spirits in bottles or containers smaller than 375 milliliters;

d. Flavored alcoholic beverages (FABs), including alcoholic energy drinks (AEDs), which contain both alcohol and stimulants (typically caffeine and guarana). (Ord. 1104 § 3, 2017)

A. Approved RBS trainers shall have:

1. Experience in instructing managers, employees and security staff at off-site and on-site alcohol establishments;

2. Knowledge of State and local alcohol laws;

3. Knowledge of management policies relating to alcoholic beverage service;

4. Capacity to utilize technology required to deliver training requirements; and

5. Knowledge of the alcohol treatment and prevention fields.

B. RBS training shall include:

1. Traditional in-person format lecture and discussion on curriculum standards (traditional lecture format excludes online, correspondence, televised and similar educational formats);

2. Use of filmed, taped or digital reenactments of specific scenes involving potential intoxication, intoxication and attempts at illegal purchase of alcoholic beverages;

3. Focus on how to assess and evaluate situations and behavior;

4. Lecture and discussion of both effective and ineffective intervention techniques;

5. Role playing allowing each participant an opportunity to practice new skills by interaction with other participants and/or approved trainer in creation of “real life” situations;

6. The content of the RBS program shall be developed and maintained by recognized subject matter and industry experts in the field;

7. RBS programs shall follow sound instructional design forms for the target audience; and

8. RBS programs shall be regularly updated as science, technology and standards change.

C. An annual on-site review of the RBS training program shall be conducted by the Police Chief or designee to verify that the RBS program being delivered is in compliance with requirements set forth in this chapter.

D. All approved RBS trainers shall provide certificates of completion to any person who has attended and successfully completed the RBS training program conducted by the trainer. The certificate of completion shall indicate all of the following:

1. Name of provider of RBS training program and type of RBS training provided (e.g., off-site or on-site alcoholic beverage sales establishment servers);

2. Name of trainee;

3. Date(s) of attendance and successful completion of RBS training program; and

4. Length of completed RBS training program (e.g., three to four hours on-site alcoholic beverage service training).

E. Within 12 months of the effective date of the ordinance codified in this chapter and annually thereafter, any and all approved RBS trainers are required to submit in writing to the Police Chief or designee a list of any and all persons issued certificates of completion of any RBS training program conducted by the trainer. (Ord. 1104 § 4, 2017)

A. Every licensee shall attend and successfully complete an RBS training program within 90 days of the issuance of the use permit, or within 90 days of the issuance of a certificate of occupancy authorizing the occupation and operation of the on-site or off-site alcoholic beverage sales establishment, or within six months of the effective date of the ordinance codified in this chapter, whichever last occurs.

B. No on-site or off-site alcoholic beverage sales establishment may continue to employ after six months of the effective date of the ordinance codified in this chapter any person who works as a manager, server, or security staff worker unless such person successfully completes or has successfully completed an RBS training program.

C. No on-site or off-site alcoholic beverage sales establishment shall employ any person to work as a manager, server, or security staff worker unless such person, within 90 days of their date of hire, attends and successfully completes or has attended and successfully completed an RBS training program.

D. Notwithstanding anything to the contrary, a licensee, manager, server, or security staff worker of an off-site or on-site alcoholic beverage sales establishment who has attended and successfully completed a responsible beverage sales and service training program approved by the Police Chief or designee within the 12-month period immediately preceding the effective date of the ordinance codified in this chapter (“pre-ordinance training”) and who verifies such attendance and successful completion to the Police Chief or designee shall not be required to attend and successfully complete the RBS training program as set forth in this chapter within three years from the date of the successful completion of the pre-ordinance training.

E. Every licensee, manager, server or security staff worker of an off-site or on-site alcoholic beverage sales establishment shall attend and successfully complete a subsequent RBS training program every three years from the date of the initial successful completion of an RBS training program. (Ord. 1104 § 5, 2017)

A. A licensee shall be required to maintain on the premises of an alcoholic beverage sales establishment:

1. A list of the names of the licensee and all employees who sell and/or serve alcohol;

2. A list of the names of the licensee and all employees who have completed the RBS training program as set forth in this chapter;

3. Dates of successful completion of RBS training by the licensee and all employees;

4. Dates when the licensee and each employee must renew his/her certificate showing successful completion of an RBS program; and

5. Certificates of completion of the most recent RBS program attended by the licensee and employees.

B. All of the items described in subsection A of this section shall be provided for inspection and copying upon the request of any police or other law enforcement officer. (Ord. 1104 § 6, 2017)

A. A violation by the licensee of any of the provisions of this chapter or any failure to comply with any of the mandatory requirements of this chapter shall be a misdemeanor, punishable by a maximum of six months in the county jail and a $1,000 fine. At the discretion of the enforcing authority, a violation may be charged and prosecuted as an infraction. Alternatively, a violation may subject the licensee to an administrative penalty not to exceed $500.00 for the first violation, and not to exceed $1,000 for a second or subsequent violation within 12 months. Nothing in this section shall prevent the City from taking civil action against a licensee for any violation of or failure to comply with this chapter, including seeking injunctive relief, civil fines and penalties, and reasonable attorney’s fees.

B. Licensees, managers, servers, and security staff workers may be required to attend and complete successfully a subsequent RBS training program after the date of the initial successful completion of an RBS training program, as part of a decision and order of the Planning Commission to revoke, suspend, or modify a conditional use permit.

C. Administering departments will be authorized to charge cost recovery fees for services provided under this chapter. Cost recovery fees may also be recovered for equipment and personnel expenses incurred. All penalties, application fees and related cost recovery fees shall be credited to the responsible beverage service and sales regulation fund. The fund shall be used exclusively, and may be expended without further Council action, for those expenses associated with the administration and enforcement of this chapter.

D. When penalizing a licensee who has violated a condition of approval of its conditional use permit or a performance or operational standard applicable to new or existing alcoholic beverage establishments pursuant to the City of Sebastopol Zoning Code by serving a minor or obviously intoxicated person during a compliance check, the Planning Commission shall consider it a mitigating factor if the licensee has complied with all provisions under this chapter. (Ord. 1104 § 7, 2017)

A. Licensees in the City of Sebastopol will pay an annual permit fee to cover costs associated with outreach, education, monitoring, enforcement and administrative hearings of this chapter. Each of these components is essential to an effective ordinance. The outreach and educational program is designed as a proactive approach to encouraging compliance with this chapter, enhancing community-retailer communication, and, in general, promoting responsible business practices.

B. An annual permit fee of $200.00 shall be imposed on all alcoholic beverage establishments and billed by the City of Sebastopol on or before the first day of January of each year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within 30 days of the bill’s mailing. This fee includes administrative and other costs associated with implementing activities outlined in this chapter. Fees are subject to change based on costs of program implementation.

C. The City shall establish a responsible beverage service and sales regulation fund for the collection of the fees described in this chapter. Such funds will be used to recover costs associated with implementing services provided under this chapter, including outreach, education, inspections, enforcement and funds to cover administrative hearings. (Ord. 1104 § 8, 2017)

A. A person aggrieved by the imposition of an administrative penalty or imposition of response costs pursuant to this chapter may appeal the decision by filing with the City Clerk a statement addressed to the City Manager and setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set for the hearing on the appeal.

B. The hearing on the appeal must be held within 30 business days of the City Clerk’s receipt of the appeal.

C. The City Manager or his designee shall serve as hearing officer unless the appellant objects thereto at the time of the filing of the appeal, in which case an independent hearing officer shall be appointed in accordance with this code. The hearing officer shall issue a decision regarding the appeal within 10 business days of the conclusion of the hearing. The hearing officer’s decision is final. (Ord. 1104 § 9, 2017)