"Alcoholic beverage"
shall have the same meaning as in the California Business and Professions Code Section 23004 or any successor section.
"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.
"Off-sale establishment"
means a facility or organization providing the sale of alcoholic beverages for consumption off the premises (off-sale), including grocery stores and convenience marts.
"On-sale establishment"
means a facility or organization providing the sale and service of alcoholic beverages for consumption by guests on the premises (on-sale), including restaurant dining areas where food service is the primary function, and bars, in which the sale and consumption of alcohol on the premises is the primary function. "Bar" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. "Server" means anyone who sells or serves alcohol on the premises, including waiters, waitresses and bartenders.
"Responsible beverage service (RBS) training course"
means a training program approved by the California Department of Alcoholic Beverage Control for on-sale and off-sale management, staff and organizations. Certification of completion from an RBS training course is valid for a period of three years; at expiration, the person must obtain retraining through a recognized RBS training course.
"Responsible person"
means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operation of either an off-sale establishment or an on-sale establishment, including a restaurant or bar.
"Special event"
means any event that is open to the public and for which an ABC special daily license is required.
(Ord. 007-2023, 9/19/2023)
For the purpose of prescribing regulations as required by California Assembly Bill 1221 and Assembly Bill 82 for on-premises alcoholic beverage servers and their managers, and as incorporated into the California Code of Regulations, Title 4, Article 25, Sections 160-173, those certain codes collectively called as the "Responsible Beverage Service (RBS) requirements," are hereby adopted. Further, these codes and standards are hereby adopted and incorporated as fully as if set out at length herein, and collectively shall be known as the "Responsible Beverage Service (RBS) Code of the City of Rio Vista."
A. 
No on-sale, off-sale establishment, or organization may serve or sell alcoholic beverages unless a responsible person, who has completed an RBS training course, is on the premises at all times.
B. 
Servers and alcoholic vendor staff shall have in their possession a certificate from a RBS training course prior to working for an on-site business, off-site business, or special event, unless such persons are temporarily exempt from such requirement pursuant to subsection E of this section.
C. 
Licensees shall be responsible for ensuring that any staff who sells and/or serves alcoholic beverages complies with this chapter. Licensees shall submit to the city's alliance coordinator a list of all persons they employ who have completed an RBS training course with the date of completion and a copy of certificate of completion by December 31st of each year.
D. 
Employees of on-sale establishments and off-sale establishments that serve or sell alcoholic beverages are required to have proof of completion in their possession or on the premises. Certificates must be readily accessible for inspection and shall be kept together in one location. Certificates shall be provided to any police or other enforcement officer for inspection upon request.
E. 
Every person who serves and/or sells alcoholic beverages for consumption by guests of an on-sale, off-sale establishment or special event shall complete an RBS training course no later than 90 days of hire or promotion to a position that involves the sale or service of alcoholic beverages.
F. 
Every person who serves and/or sells alcoholic beverages from an on-sale or off-sale establishment or special event is required to complete a RBS training course pursuant to this chapter, and shall complete an RBS training course every three years.
(Ord. 007-2023, 9/19/2023)
All RBS training courses must meet all of the following requirements:
A. 
Satisfy all requirements for RBS training providers established by the California Department of Alcoholic Beverage Control;
B. 
Have a duration of no less than three hours;
C. 
Course may be completed in person or online, except for special events, where at least one volunteer, per shift, will need to complete in-person training;
D. 
Be adapted to the needs of the participants in attendance;
E. 
Provide participants with a certificate of completion.
(Ord. 007-2023, 9/19/2023)
An on-sale or off-sale establishment in existence on, and employees and managers hired prior to, the effective date of the ordinance codified in this chapter must comply with the provisions of this chapter no later than November 1, 2016.
(Ord. 007-2023, 9/19/2023)
At least one person must be RBS trained and certified for events. An RBS trained person must create and implement policies for the event that mandate and foster responsible beverage service and be present at the event to actively oversee the alcohol service for the entire duration of the event.
A. 
All special event staff or volunteers involved in the sale of alcoholic beverage shall be at least 21 years of age. Servers shall not serve to persons under 21 years of age. All persons who look under the age of 30 must provide proper age identification prior to being served. Servers shall remain alert to persons passing alcoholic beverages to underaged persons.
B. 
A restricted area for consumption of alcoholic beverages may be required by the city depending on the event. Policies regarding service of alcohol must be clearly posted.
C. 
Distinctive glassware, plastic or paper cups shall be used for alcoholic beverages to distinguish between alcoholic and nonalcoholic drinks.
D. 
Unless provided otherwise by statute or in an issued license, no more than two drinks shall be served at one time to any individual. Standard drink sizes are as follows:
1. 
One and one-half ounces for 80 proof drinks.
2. 
Five ounces for wine.
3. 
Twelve ounces for beer or wine coolers.
E. 
Hours for alcoholic beverage service shall be clearly posted at all entrance points and at point of sale. Alcoholic beverage service shall stop at least one hour before the end of the special event. The police department reserves the right to stop alcoholic beverage service at any time during the event.
(Ord. 007-2023, 9/19/2023)
A violation of any provision of this chapter or a failure to comply with any mandatory requirements of this chapter is subject to either administrative penalties, which shall be imposed in accordance with Chapter 1.16. Administrative penalties for violations of this chapter shall not exceed $50 for the first violation and $100 for the second violation. Subsequent violations within a 12-month period shall be handled with a criminal infraction citation with penalties up to $500. In addition to administrative penalties, the city may also pursue any civil or criminal remedies necessary to enforce compliance with this chapter.
(Ord. 007-2023, 9/19/2023)
A. 
A person aggrieved by an action of the city, taken 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 of an administrative violation shall be governed in accordance with the provisions set forth in Rio Vista Municipal Code Section 8.16.170 or Chapter 1.16 (if applicable).
C. 
The appeal of criminal penalties shall be directly to the Solano County Superior Court.
(Ord. 007-2023, 9/19/2023)
If any section, sentence, clause or phrase of this chapter is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this chapter. The city council declares that it would have passed and adopted the chapter, and each section, sentence, clause or phrase thereof, regardless of the fact that any one of more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 007-2023, 9/19/2023)