As used in this chapter, the following words and phrases have
the meanings set forth in this section:
shall have the same meaning as in the California Business
and Professions Code, Section 23004, or any successor section.
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 State Department of Alcoholic Beverage Control
("ABC").
means a certificate or license authorizing a business to
operate within the City of Imperial Beach, California.
means any person or entity that has a license for the retail
sale, delivery, or service of alcoholic beverages from the ABC.
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.
means a customer who purchases alcohol through a sale, service
or delivery.
means a training program conducted by the ABC or by a LEAD
or RBSS training provider certified by the ABC to train alcohol licensees,
their managers and servers in responsible alcoholic beverage sales
and service methods and practices.
means any person who, as part of his or her employment, sells,
serves or delivers any alcoholic beverage.
(Ord. 2010-1098 § 1)
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 or
Licensee Education on Alcohol and Drugs 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 or LEAD Training. However,
licensees, their managers and servers shall have 120 days from the
date of beginning of such activities or the effective dates of the
ordinance codified in this chapter, whichever is later, to complete
RBSS or LEAD Training. Businesses existing as of the effective date
of the ordinance codified in this chapter shall have 180 days from
the effective date of the ordinance codified in this chapter to comply
with this chapter. Thereafter, all said businesses shall have 120
days from the date of the beginning of such activities to comply with
this chapter.
C.
Certification
received from a RBSS or LEAD 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
LEAD or RBSS Training by the licensee, managers and servers that shall
be available for inspection by any peace officer or other enforcement
officer during regular business hours. The proof of completion 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
LEAD or RBSS Training completed; (4) a copy of each training certificate,
if available; and (5) identifying information of the licensee, managers
and servers, including the name, address, phone number and California
driver's license number, if applicable.
F.
The
City shall provide a summary of the requirements of this chapter together
with its penalties for violation prior to issuing a business certificate
or renewal to all applicants for a business certificate that are alcohol
licensees, as defined in this chapter.
(Ord. 2010-1098 § 1)
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(A), (B), (C) and (D) of the Imperial Beach Municipal Code. At the discretion of the prosecutor, a violation of this chapter may be charged as a misdemeanor.
B.
Nuisance. In addition to any other remedies provided in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such pursuant to Section 1.12.010(E) of the Imperial Beach Municipal Code.
C.
Administrative Citation. In addition to any other remedies provided in this chapter may be enforced by administrative action brought by the City pursuant to Section 1.12.010(F) of the Imperial Beach Municipal Code.
D.
Civil Action. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought pursuant to the provisions of Section 1.12.020 of the Imperial Beach Municipal Code.
E.
Business
Certificate Revocation. In addition to any other remedies provided
in this chapter, any violation of this chapter may be grounds for
revocation of an existing business certificate/license issued by the
City of Imperial Beach and/or denial of issuance of a future business
certificate.
(Ord. 2010-1098 § 1)
