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§ 164. Curriculum Requirements for State Laws and Regulations Relating to Alcoholic Beverage Co...

4 CA ADC § 164BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 4. Business Regulations
Division 1. Department of Alcoholic Beverage Control
Article 25. Responsible Beverage Service Training Program (Refs & Annos)
4 CCR § 164
§ 164. Curriculum Requirements for State Laws and Regulations Relating to Alcoholic Beverage Control, Including Laws and Regulations Related to Driving Under the Influence.
(a) Information contained in Business and Professions Code § 25682.
(b) Information contained in Title 4 California Code of Regulations § 160(b).
(c) Information contained in Business and Professions Code § 25683.
(d) Information contained in Business and Professions Code § 25684.
(e) Categories of crimes in California:
(1) Definition of and penalties for infractions in California;
(2) Definition of and penalties for misdemeanors in California; and
(3) Definition of and penalties for felonies in California.
(f) Types of liability for licensees, their employees, and their contractors.
(1) Criminal liability:
(A) Committing a criminal act; and
(B) Penalties include monetary fines, community service, and jail time.
(2) Administrative liability:
(A) Action against the license;
(B) The purpose of penalties is not punishment, but to deter licensee's using license privileges in ways contrary to law and that puts the community's health, safety, and welfare at risk; and
(C) Penalties include the suspension of license privileges, the imposition of conditions, and revocation of a license.
(3) Civil liability:
(A) Information contained in Business and Professions Code § 25602.1;
(B) General negligence and reckless conduct; and
(C) Monetary liability includes payments to victims who bring civil lawsuits.
(g) Laws related to the service of alcohol for consumption:
(1) Information contained in Business and Professions Code § 25658(a), (c), (d);
(2) Information contained in Business and Professions Code § 25665;
(3) Information contained in Business and Professions Code § 25602(a);
(4) Information contained in Penal Code § 647(f);
(5) Information contained in Business and Professions Code § 25663(a), (c);
(6) Information contained in Business and Professions Code § 24200.5(a);
(7) Information contained in Vehicle Code § 23152(a), (b), (g);
(8) Information contained in Business and Professions Code §§ 25631-25632;
(9) Information contained in Health and Safety Code § 11362.3(a)(1)-(3), (b)(2), (b)(4), and (c);
(10) Information contained in Business and Professions Code § 25621.5; and
(11) Information contained in California Code of Regulations Title 17 § 40300.
(h) Regulation of alcoholic beverages.
(1) Alcohol-related laws are enforced by state and local law enforcement agencies.
(2) Role of the department:
(A) The department licenses businesses to sell alcohol;
(B) ABC agents are sworn peace officers;
(C) Definition of a sworn peace officer in California; and
(D) Information about the Target Responsibility for Alcohol Connected Emergencies (T.R.A.C.E.) protocol.
(i) Role of local law enforcement officers:
(1) Local law enforcement is required to enforce alcohol laws; and
(2) Local law enforcement officers are required to send the department all arrest reports and calls for service at ABC licensed locations.
(3) Inspection rights and peace officer authority:
(A) Any sworn peace officer, whether in uniform or in plain clothes, has the right to visit and inspect any licensed premises at any time during business hours;
(B) The right to inspect is not dependent on probable cause or obtaining a warrant;
(C) The right to inspect extends to the bar, back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises;
(D) Interfering in any way with a peace officer's right to inspect is grounds for arrest and license revocation; and
(E) The ABC agent's right to inspect also extends to licensee records required to be kept under Business and Professions Code Division 9.
(j) Local jurisdictions may have additional laws, ordinances, or provisions that apply to an ABC licensed location in their area in addition to the statewide laws.
Note: Authority cited: Sections 25681(a) and 25685(a), Business and Professions Code. Reference: Section 25680(c)(3), Business and Professions Code.
HISTORY
1. New section filed 5-20-2020; operative 5-20-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 21).
This database is current through 7/24/20 Register 2020, No. 30
4 CCR § 164, 4 CA ADC § 164
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