Chapter 4.09


4.09.010    Definitions.

4.09.020    Responsible beverage sales and service training required – Proof.

4.09.030    Violation – Penalty.

4.09.010 Definitions.

As used in this chapter, the following words and phrases have the meanings set forth in this section:

A. “Alcoholic beverage” shall have the same meaning as in California Business and Professions Code Section 23004 or any successor section.

B. “Alcohol outlet” 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.

C. “Business certificate” means a certificate authorizing a business to operate within the city of Solana Beach.

D. “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.

E. “Manager” 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.

F. “Server” means any person who, as part of his or her employment, sells, serves or delivers any alcoholic beverage.

G. “Patron” means a customer who purchases alcohol through a sale, service or delivery.

H. “Responsible beverage sales and service training” or “RBSS training” means a training program approved by the California Department of Alcoholic Beverage Control’s advisory board to train alcohol licensees, their managers and servers in responsible alcoholic beverage sales and service methods and practices. (Ord. 371 § 1, 2007)

4.09.020 Responsible beverage sales and service training required – Proof.

A. Beginning July 1, 2008, no alcohol outlet may serve, sell, or arrange delivery to a patron of alcoholic beverages unless a manager who has completed an RBSS training course is on the premises.

B. Beginning July 1, 2008, 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 who begin operations under an alcohol license after July 1, 2008, and managers and servers who are hired after July 1, 2008, shall have 30 days from the date of beginning operations or hire in which to complete RBSS training.

C. Certification of completion of RBSS training shall be considered valid for a period of two years from the date of certification.

D. Notwithstanding anything to the contrary, a licensee, manager or server who has completed RBSS training as described in this chapter within the 12-month period immediately preceding the effective date of the ordinance codified in this chapter shall not be required to take such training again within 12 months from the effective date of the ordinance codified in this chapter.

E. Licensees shall be responsible for ensuring that all managers and servers they employ comply with this section.

F. 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 the (1) effective date of hire, (2) course completion date and, if applicable, the course renewal date, (3) the name of the certified RBSS training completed, and (4) identifying information of the licensee, managers and servers, including the name, address, phone number and California driver’s license number, if applicable.

G. 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. 371 § 1, 2007)

4.09.030 Violation – Penalty.

A. Violation of any provision of this chapter or failure to comply with any requirement of this chapter is a misdemeanor, but may be charged, at the discretion of the prosecutor, as an infraction.

B. In addition to the penalties set forth in this section, violation of this chapter may be grounds for revocation of an existing business certificate issued by the city of Solana Beach and/or denial of issuance of a future business certificate. (Ord. 371 § 1, 2007)