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:
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.
shall mean the retail sale or furnishing of alcoholic beverages
for on-site or off-site consumption.
shall mean an establishment licensed by ABC and in the City
of West Hollywood where alcoholic beverage sales occur, are served,
or given away.
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.
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.
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.
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.
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.
shall mean any person holding a business license to operate
an on-site alcoholic beverage sales establishment within the City
of West Hollywood.
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.
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.
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.
shall mean any natural person, firm, corporation, partnership,
or other organization or group however organized.
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 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;
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.
(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)
