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 California Department of Alcoholic Beverage
Control.
means a certificate or license authorizing a business to
operate within the City of Encinitas, California.
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.
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 alcohol outlet.
means a customer who purchases alcohol through a sale, service
or delivery.
means a training program to train alcohol licensees, their
managers and servers in responsible alcoholic beverage service, sales,
methods and practices, conducted by either: (1) the California Department
of Alcoholic Beverage Control (ABC); (2) an RBSS training provider
listed on the ABC website (that has agreed to implement ABC best practices
for responsible beverage service education); or (3) an RBSS training
provider that meets equivalent criteria as determined by the City
Manager, or designee.
means any person who, as part of his or her employment, sells,
serves or delivers any alcoholic beverage.
(Ord. 2009-13; Ord. 2017-06)
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 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 training. However, licensees,
their managers and servers shall have 90 days from the date of beginning
of such activities or the effective dates of this chapter, whichever
is later, to complete RBSS training. Businesses existing as of the
effective date of this chapter shall have 180 days from the effective
date of the ordinance codified in this chapter to comply. Thereafter,
all said businesses shall have 90 days from the date of the beginning
of such activities to comply with this chapter.
C.
Certification
received from an RBSS 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
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
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 to all applicants for a business certificate that
are alcohol licensees, as defined in this chapter, a summary of the
requirements of this chapter together with its penalties for violation
prior to issuing a business certificate or renewal.
(Ord. 2009-13)
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 1.08.050 of the Encinitas Municipal Code. At the discretion of the prosecutor, a violation of this chapter may be charged as a misdemeanor.
(Ord. 2009-13)
