Cal. Code Regs. Tit. 4, § 166 - Curriculum Requirements for the Development of Management Policies that Support the Prevention of Service or Sale of Alcoholic Beverages to Underage Persons or Intoxicated Patrons

(a) ABC Licensee's duty to ensure policies are created to guide employees in the service of alcoholic beverages for consumption in their licensed premises according to legal standards:

(1) If an administrative violation occurs on the licensed premises, the license for that premises is at risk for administrative penalties;

(2) Information contained in Title 4 California Code of Regulations § 144;

(3) Explanation of aggravating and mitigating factors upon administrative penalties; and

(4) Information contained in Business and Professions Code § 23095(a)-(c).

(b) Benefits for an ABC on-premises licensee of having policies in place for the service of alcoholic beverages for consumption to the public:

(1) Policies ensure uniformity of responsible business practices;

(2) Policies ensure an ABC licensed premises is a safe and comfortable space for patrons and employees; and

(3) Policies reduce the risk of criminal, civil, and administrative liability for the ABC licensee, its agents, and its employees.

(4) Effective policies increase profitability of the ABC licensed premises.

(c) Guidelines for the effective development of policies for the service of alcoholic beverages for consumption to the public:

(1) Develop policies to enforce objectives like preventing alcohol service to minors and overly-intoxicated persons;

(2) Develop policies to comply with all state and local laws pertaining to the ABC on-premises licensed premises; and

(3) Develop strategies for instructing and reinforcing policy implementation by management and employees.

(d) Guidelines for the effective use of policies for the service of alcoholic beverages for consumption to the public:

(1) Written policies should be clear and specific;

(2) Policies should be reviewed for relevance and accuracy, especially if there are frequent incidents of violence or illegal activity requiring peace officer assistance;

(3) Policies need to be taught and enforced with each employee; and

(4) Policies should be reinforced through regular training and meetings with employees.

(e) Critical RBS policy elements:

(1) Stopping alcoholic beverage service to a patron;

(2) Encouraging intoxicated patrons travel home safely;

(3) Handling patrons who arrive already intoxicated;

(4) Handling potentially violent situations;

(5) Handling illegal activities;

(6) Dealing with underage patrons;

(7) How and when to check a patron's identification;

(8) Handling emergency situations;

(9) Implementing an incident log;

(10) Prohibiting employees consuming alcohol while working; and

(11) Prohibiting promotions that encourage intemperate consumption of alcoholic beverages or unlawful discrimination:

(A) Two for one drink specials;

(B) Ladies nights; and

(C) All you can drink or 'bottomless' alcoholic drink specials.

(f) Use of an incident log for the following incidents for employee communication:

(1) When alcoholic beverage service was stopped for a patron;

(2) When alternate transportation has been arranged for a patron;

(3) Any seizure of an identification;

(4) A patron becoming ill due to over consumption of alcohol;

(5) Any injury, medical treatment, or hospitalization of a person on the ABC licensed premises;

(6) Any illegal or violent incidents occurring on the ABC licensed premises; and

(7) Any calls for law enforcement assistance or other contact with peace officers.

(g) Interacting with law enforcement:

(1) ABC licensees, their employees, and their agents are expected to cooperate with all sworn peace officers, including ABC agents and local law enforcement;

(2) Frequent calls for law enforcement assistance at an ABC licensed premises can be grounds for an administrative action to suspend or revoke the license; and

(3) Policy changes to avoid frequent need for law enforcement assistance could include hiring more employees, closing earlier, hiring security guards, changing the type of music played, and increasing lighting on the premises.

(h) Discrimination against classifications of individuals included in California Civil Code § 51.6 at an ABC licensed premises is prohibited:

(1) Information contained in Business and Professions Code § 125.6; and

(2) Prohibition includes discrimination by drink specials.

(i) Hiring practices for alcohol servers:

(1) To pour and serve an alcoholic beverage, an employee must be 21 years or older;

(2) If incidental to food service, an employee who is at least 18 years old may serve an alcoholic beverage;

(3) ABC on-premises licensees must independently confirm any employed or contracted alcohol server is certified under Business and Professions Code § 25682 (b)(1); and

(4) ABC on-premises licensees' employment and payroll records shall be kept for four years and made available for inspection by ABC agents upon request.

(j) Good hospitality policies for the service of alcoholic beverage for consumption by patrons at an ABC licensed premises:

(1) Offer or serve a glass of water with the service of alcohol;

(2) Serve one beverage per patron at a time;

(3) Slow beverage service if needed;

(4) Do not serve a beverage to anyone who does not want one;

(5) Offer alternative non-alcoholic beverages;

(6) Offer food promotions;

(7) Offer promotions for designated drivers;

(8) Advise managers and coworkers when ceasing service to a patron; and

(9) Encourage all patrons have a safe ride to their next destination.

(k) Monitoring patrons' alcoholic-beverage intake:

(1) The alcoholic drink equivalent, or standard drink, is a specific measure of 14 g/0.6 fl. oz. of alcohol per serving. The following are average sizes by type of alcohol and their average alcohol by volume.

(A) 12 oz. beer or cooler, about 5% alcohol by volume;

(B) 8 to 9 oz. malt liquor, including some beers greater than 7% alcohol by volume;

(C) 5 oz. table wine, 12% alcohol by volume; and

(D) 1.5 oz. 80 proof-distilled spirit, 40% alcohol by volume;

(2) Use measuring devices to ensure standard drink sizes or alcoholic drink equivalents are used for all types of alcoholic beverages. The size of an alcoholic drink equivalent is dependent upon the alcoholic beverage's alcohol by volume or ABV;

(3) Mixed beverages may have multiple servings within one drink; and

(4) Using correct pours ensures profitability of the business and helps the alcohol server calculate how much a patron has consumed to comply with other policies against serving obviously intoxicated patrons.

(l) Policies for monitoring common behavior of minors seeking alcohol service:

(A) One patron ordering alcoholic beverages for a large group that may include one or more minors;

(B) Making excuses for not having an identification; and

(C) Finding secluded locations in the licensed premises where employees cannot monitor their activity.

(m) Policies on the economics of quality hospitality service:

(A) Having multiple interactions with patrons to evaluate their moods and needs;

(B) Listening to patron complaints, compliments, and suggestions for improvement of service;

(C) Sharing feedback with management; and

(D) Recognizing that better service and patron engagement will help the establishment be more popular and more productive.

Notes

Cal. Code Regs. Tit. 4, § 166

1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
2. Amendment of subsections (i)(2) and (m) filed 8-1-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31).

Note: Authority cited: Sections 25681(a) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(5), Business and Professions Code.

1. New section filed 5-20-2020; operative 5/20/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
2. Amendment of subsections (i)(2) and (m) filed 8-1-2022; operative 8/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 31).