Chapter 9.13

BUSINESS ESTABLISHMENTS – POSTING AND TRAINING REQUIREMENTS

The purpose of this chapter is to:

• a. Prevent nuisance and other criminal activities where alcoholic beverage sales occur in order to protect the peace, health, safety, and general welfare of residents and visitors of the City of West Hollywood;

• b. Prevent the sale at alcoholic beverage sales establishments to persons under the age of twenty-one;

• 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 alcoholic beverage sales establishments;

• e. Reduce sexual assaults through bystander intervention at on-site alcoholic beverage sales establishments;

• f. Provide licensees, managers, and servers of on-site alcoholic beverage sales establishments with knowledge and skills that will better enable them to comply with their responsibilities under state and local law and deter illegal drugging and sexual assaults; and

• g. Assist alcoholic beverage sales establishments and their staff to develop and implement responsible policies for the promotion, sales, and service of alcoholic beverages.

• (Ord. 21-1171 § 2, 2021)

For purposes of this chapter, the following terms shall have the following meanings:

"Alcohol" or "alcoholic beverage" shall mean 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 pursuant to Sections 23003 and 23004 of the California Business and Professions Code, as amended from time to time.

"Alcoholic beverage sales" shall mean the retail sale or furnishing of alcoholic beverages for onsite or off-site consumption.

"Alcoholic beverage sales establishment" shall mean an establishment licensed by ABC and in the City of West Hollywood where alcoholic beverage sales occur, are served, or given away.

"Alcohol server" or "alcohol servers" shall mean any person who, as part of his or her employment, takes orders, sells, pours, serves, or delivers any alcoholic beverage at an alcohol beverage sales establishment and anyone who checks customer identification for purposes of alcoholic beverage service or entry to an alcoholic beverage sales establishment.

"Alcohol server certification" shall mean a certification issued by a training provider that has been certified by ABC to a person who has successfully completed a RBS training course, as demonstrated by the passage of an exam.

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City of West Hollywood, CA § 9.13.020

WEST HOLLYWOOD CODE

§ 9.13.030

"Bystander intervention and patron safety training" or "BI training" shall mean an educational course that provides a certificate of completion in bystander intervention that addresses the issue of drug facilitated sexual assaults, date rape drugs, and promotes the proactive role alcoholic beverage sales establishments can play in the prevention of sexual assaults.

"California Department of Alcoholic Beverage Control" or "ABC" shall mean 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" shall mean a certificate issued to any person who attends and successfully completes the ABC RBS training program or the City of West Hollywood BI training program.

"Licensee" shall mean any person holding a business license to operate an on-site alcoholic beverage sales establishment within the City of West Hollywood.

"Manager" or "managers" shall mean the person, regardless of job title or description, who has discretionary or direct powers to organize, control, train, hire, or oversee alcohol servers at an ABC licensed on-site alcoholic beverage sales establishment, or any person who trains alcohol servers how to perform the service of alcohol for consumption for an ABC licensed on-site alcoholic beverage sales establishment, including, but not limited to, when to check identification or when to refuse service to a patron.

t powers to organize, control, train, hire, or oversee alcohol servers at an ABC licensed on-site alcoholic beverage sales establishment, or any person who trains alcohol servers how to perform the service of alcohol for consumption for an ABC licensed on-site alcoholic beverage sales establishment, including, but not limited to, when to check identification or when to refuse service to a patron.

"On-site alcoholic beverage sales establishment" shall mean an alcoholic beverage sales establishment in the City of West Hollywood that provides 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: entertainment venues, taverns, clubs; lounges, night-clubs, bars, and restaurants.

"Over-consumption of alcohol" shall mean consumption of an amount of alcohol such that the person is under the influence of alcohol pursuant to California Vehicle Code Section 23610, as that provision is amended from time to time.

"Person" or "anyone" shall mean any natural person, firm, corporation, partnership, or other organization or group however organized.

"Responsible beverage service training" or "RBS training" shall mean an educational course in responsible beverage sales and service methods and practices. (Ord. 21-1171 § 2, 2021)

• a. Every licensee shall have their alcohol servers and managers complete responsible beverage service training as required under state law (commencing with Business and Professions Code Section 25680) which are the following dates:

  1. Beginning July 1, 2022, a licensee that is subject to this chapter shall not employ or continue to employ any alcohol server or manager without a valid alcohol server certification.

  2. An alcohol server or manager who was employed by the licensee prior to July 1, 2022, shall obtain an alcohol server certification by August 31, 2022, and every third year thereafter.

  3. An alcohol server or manager employed by the licensee on or after July 1, 2022, shall

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City of West Hollywood, CA § 9.13.030

PUBLIC PEACE AND SAFETY

§ 9.13.060

obtain an alcohol server certification within sixty calendar days of employment, and every third year thereafter.

4. A licensee subject to this chapter shall ensure at all times that each alcohol server and manager it employs has a valid alcohol server certification.

• b. RBS training shall be conducted by ABC or an organization certified by ABC, that provides a certificate of completion.

• (Ord. 21-1171 § 2, 2021)

• a. Every licensee shall have their alcohol servers and managers complete bystander intervention and patron safety training pursuant to the following dates:

  1. Beginning April 1, 2022, a licensee that is subject to this chapter shall not employ or continue to employ any alcohol server or manager without a valid bystander intervention and patron safety training certificate of completion.

  2. An alcohol server or manager who was employed by the licensee prior to April 1, 2022, shall obtain a bystander intervention and patron safety training certificate of completion by May 31, 2022, and every third year thereafter.

  3. An alcohol server or manager employed by the licensee on or after April 1, 2022, shall obtain a bystander intervention and patron safety training certificate of completion within ninety calendar days of employment, and every third year thereafter.

  4. A licensee subject to this chapter shall ensure at all times that each alcohol server and manager it employs has a valid bystander intervention and patron safety training certificate of completion.

• b. BI training shall be conducted by the City of West Hollywood or an organization approved by the City of West Hollywood.

• (Ord. 21-1171 § 2, 2021)

Each on-site alcoholic beverage sales establishment shall post signage approved and provided by the City of West Hollywood in all restroom hand wash areas, at bar counters where patrons order beverages, and in other conspicuous locations in clear view of patrons where similar signage is customarily posted informing patrons their safety is important, staff at the establishments have been trained to proactively respond to sexual harassment, and providing available resources including agency contacts. (Ord. 21-1171 § 2, 2021)

• a. A licensee shall be required to maintain at all times on the premises of an alcoholic beverage sales establishment:

  1. A list of the names of the licensee and all alcohol servers and managers;

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City of West Hollywood, CA § 9.13.060

WEST HOLLYWOOD CODE

§ 9.13.070

2. A list of the names of the licensee and all alcohol servers and managers who have completed the RBS and BI training programs as set forth in this chapter;

3. Dates of successful completion of RBS and BI training of all alcohol servers and managers;

4. Dates when all alcohol servers and managers must renew his or her certificate showing successful completion of the RBS and BI training programs; and

5. Certificates of completion of the most recent RBS and BI program attended by all alcohol servers and managers.

• b. All of the items described in subsection (a) of this section shall be provided for inspection and copying upon the request of any enforcement officer, including, but limited to, personnel from the city's Code Compliance Division, Los Angeles County Sheriff's Department, and ABC.

• (Ord. 21-1171 § 2, 2021)

Any licensee or person that violates or fails to comply with any of the requirements of this chapter shall be subject to the administrative penalty procedures in Chapter 1.08. Each day or portion thereof wherein the violation is committed, continued, or permitted constitutes a separate and distinct violation. The penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other penalties provided by law.

(Ord. 21-1171 § 2, 2021)

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City of West Hollywood, CA

PUBLIC PEACE AND SAFETY

§ 9.14.010

§ 9.14.020