As of this writing, the California Department of Alcoholic Beverage Control (ABC) is proposing new regulations for mandatory alcohol beverage server training and certification that would, in essence, create a new state-wide agency (akin to the Department of Motor Vehicles). The purpose of this agency would be to build and implement a training course structure that defines all alcohol use as “dangerous and unhealthy” and would require every server throughout the state to take the training course and pass with a minimum 70% score to remain employed in the alcoholic beverage industry.

The Tahoe Chamber is communicating on this issue with a legal team at Hinman and Carmichael, LLP, based in San Francisco, a firm that provides legal services for the alcoholic beverage, hospitality, and cannabis industries. According to Barbara Snider, Senior Counsel at the firm, the proposed new Responsible Beverage Service Training Program (RBSTP) regulations go well beyond the intent of the 2017 Responsible Beverage Service Training Act that is slated to take effect in California as of January 20, 2020.

Among the concerns articulated in a letter from Hinman and Carmichael to the ABC dated September 20th:

• The proposed regulations include many detailed training course curriculum requirements that reach far beyond the scope and intent of the Act.
• The Department’s “Release of Proposed Regulations” contains an extensive list of the “topics” and “subtopics” to be incorporated in the curriculum. The “subtopics” raise questions about the extent of knowledge a server must have to pass the certification test required before he/she may be employed (or continue to be employed).
• Some of the proposed regulations are not reasonably necessary to effectuate the purpose and intent of the Act, and place an unfair burden on the millions of servers and businesses in California who must comply.

Snider reports that at the ABC hearing on its proposed new RBSTP regulations October 11 in Sacramento, “Oral comments made stressed the inappropriate complexity of the proposed training curriculum and the need to simplify the program to comport with the statutory                  authority.” She added that comments also raised concerns about the ABC developing a massive database containing personal information for every server in the state and that the regulations, as written, will create havoc in the hospitality industry, not only because the proposed curriculum and exams were unnecessarily difficult, but also because of the real possibility that many servers will not have sufficient time to comply and cannot work until they are “certified” through the new training program. Snider has suggested it may take state legislation to ensure the proposed RBSTP does not exceed the intent of the Act or the scope of ABC’s authority as a regulatory body.

Tahoe Chamber will continue to engage and report on this issue as it has the potential to impact scores of our hospitality industry members and their employees. For more information, you can contact me at steve@tahoechamber.org or 775-588-1728, extension 301.