HomeMy WebLinkAboutOrd 2014-3310 ORDI?�'.A?�CE N0. 3310
ORDII�'ANCE OF THE CITY OF CHULA VISTA aME?vDL�G
TITLE 8. HEALTH AI�'D S.ANITATION. BI' ADDI?vG
CHAPTER 8.27. TRAII�'II�'G IN RESPOI�'SIBLE ALCOHOLIC
BEVERAGE SER\rICE REQUIRED FOR ON-SALE
LICENSEES AND EA4PL0�'EES. TO THE CHlILA VISTA
n4UNICIPAL CODE
�'�'HEREAS, Chula Vista is a hospitalit}� destination for visitors and residents; and
WHEREAS, Chula Vista is currentl�� home to appro�imateh� 16� alcohol outlets licensed
by the California Department of Alcoholic Be��erage Control (ABC) for retail on-sale, such as
restaurants. bazs. tavems. and nieht clubs: and
�T�'HEREAS, alcohol intosication poses a threat to public health and safet�� in Chula
Vista, including underaee drinl:ine, injuries and deaths caused by vehicle crashes. sesual
assaults. fiehts. domestic ��iolence and other crimes. as ��ell as nuisance behavior: and
R'I�REAS. training in sen�ing alcoholic beveraees responsibl�� is available in the
reeion, at no cost, in the Licensee Education on Alcoho] and Drugs (LEAD) program; and
V�'HEREAS, similar programs incorporatino best practices in the responsible service of
alcoholic beveraoes aze available from pri��ate pro��iders for a fee (ofren less than �2>.00 per
person) in live dasses at locations throughout the reeion. interactive online courses. and
�tirorkplace training sessions; and �
�i%HEREAS; these programs train o�;mers; managers and sen�ers at on-sale establishments
to pre��ent over-ser��ice to adults, such as recognizing intoxication and refusing sales. and to
pre��ent sen�ice to minors, such as accuratel�� checking identification and recognizing false
identification: and
V�'HEREAS, alcohol licensees and their emplo��ees �fio participate in responsible
beveraee sen-ice training demonstrate to patrons and communit�� members that public saferi� is a
pazamount concem; and
WHEREAS. requirine education in the responsible ser��ice of alcoholic be��eraees is a
valid e�ercise of the Citv's police poH�er and is necessar�� to secure and promote the public
health. safetv. and �velfare of the communit��.
Ordinance No. 3310
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NOW. THEREFORE the Cih� Council of the Cit�� of Chula Vista does ordain as follows:
Section I.
Chapter 8.27 TRAINING I2� RESPONSiBLE ALCOHOLIC BEVERAGE SERVICE
REQUIRED FOR ON-SALE LICENSEES AI�'D EA4PLOYEES
8.27.010. Definitions.
As used in this chaptec the following words and phrases have the meanines set
forth in this section:
A. `'Alcoholic beverage" shall have the same meaning as in the CaliFomia
Business and Professions Code, Section 23004; or any successor section.
B. "Alcohol ouilef' means any physical location or structure from which any
alcoholic be��erage may be sold, delivered, or served pursuant to a retail on-sale license granted
by the California Department of Alcoholic Beverage Control (ABC) for the service and
consumption of alcohol.
C. "Business license ' means a license authorizing a business to operate within
the city ofChula Vista; California.
D. `'Licensee" means any person or entity that has a retail on-sale license issued
by the ABC, such as a bar, restaurant, tavem, or night club.
E. "Manaeer' means the person; regardless of job title or description, who has
discretionary po���ers to organize; direct; carry on, control or direct the operation of an alcoholic
outlet.
F. `'Server' means an}� person who, as part of his or her emplo}�ment, sells,
serves or delivers any alcoholic be��erage.
G. "Patron" means a customer who purchases alcohol through a sale, sereice or
delivery.
H. '`Responsible Be�-era��e Sen�ice" (RBS) training or "Licensee Education on
Alcohol and Drues" (LEAD) trainin� means an education program, conducted b}� the ABC or by
a pri��ate pro��ider, which incorporates best practices in the responsible semice of alcoholic
be��eraees.
8.27.020. Responsible beverage service trainine required—Proof.
A. No on-sale alcohol outlet may sen�e, sell, or arran�e delivery to a patron am�
alcoholic beverages unless a mana�er, assistant manager or lead emplo��ee who has completed a
LEAD or RBS training course is on the premises.
B. No licensee, manager or server shall sell, serve or deliver to a patron any
alcoholic bevera�e unless he or she has completed LEAD or RBS training.
Ordinance?�o. 3310
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C. Each licensee. manager and semer must complete trainine tiithin six months
from the effecti��e date of this chapter. start of emplo��ment. or from start of business. whichever
date is eazliest.
D. Proof of completion for a LEAD or RBS training proeram �vill be considered
��alid for a period of four years from the date of completion.
E. Licensees shall be responsible for ensurine that all managers and servers the�
emplo}� compl}� ���ith this section.
F. Licensees shall maintain on the premises a file of proof of completion of the
LEAD or RBS trainins b�� the licensee. manaeers and sen�ers that shall be a�ailable for
inspection by am� peace officer or other enforcement officer durins regular business hours. The
proof of completion shall include: (1) the effecti��e date of hire; (2) course completion date: (3)
the name of the LEAD or RBS training completed; (4) a cop�� of each trainine certificate or
��allet card; or other �+�ritten proof of completion; and (�) identifi-ing information of the licensee,
managers and sen�ers, including the name. address, phone number and California drivers license
numbec if applicable.
G. Before a Licensee ma}� be cited pursuant to Section 8.27.030 of this Chapter
for refusine to alloH� a peace officer or other enforcement officer to inspect proof of completion
records as required in Subsection F. the peace officer shall obtain a seazch ���arrant For the proof
of completion records from the San Dieeo Superior Court.
H. The citv shall provide a summan� of the requirements of this chapter toeether
���th its penalties for violation prior to issuing a business license to all alcohol outlets, as defined
in this Chapter.
8.27.030. Violation—Penalt�.
A. Violation of anv pro�ision of this chapter or failure to compl}� N�ith any
requirement of this chapter is an infraction and shall be punishable in accordance �eith the
pro��isions of Chapter 1.20, General Penaltv, of the Chula Vista A4unicipal Code. and other la«�s
applicable to infractions.
B. I�uisance. In addition to any other remedies pro��ided in this chapter, any
condition caused or permitted to esist in violation of any of the pro��isions of this code shall be
deemed a public nuisance, and mav be summarilv abated as such pursuant to Chapter 1.30;
Abatement of Public Nuisance, of the Chula Vista A4unicipal Code.
C. Adminisvative Citation. ln addition ro an�� other remedies procided in this
chapter may be enforced b}� administrati��e action broueht b�� the cit�� pursuant to Chapter 1.41.
Administrati��e Procedure and Process, of the Chula Vista A4unicipal Code.
D. Business License Revocation. In addition to an�� other remedies pro�'ided in
this chapter, any ��iolation of this chapter may be srounds for revocation of an esistine business
license issued b�� the Cin� of Chula Vista and/or denial of issuance of a future business license.
pursuant to Chapter �.02; Business Licenses Generall�.
Ordinance No. 33]0
Page 4
Section II. Se��erabiliri�
If anv portion of this Ordinance, or its application to any person or circumstance; is for
an}� reason held to be im�alid; unenforceable or unconstitutional, by a court of competent
iurisdiction, that portion shall be deemed severable, and such im�alidity; unenforceability or
unconstitutionality shall not affect the validit}� or enforceability of the remainine portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereb}� dedares that it would have adopted each section, sentence, dause or phrase
of this Ordinance, irrespective of the fact that anv one or more other sections, sentences, dauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
/� • �.- /�,.,�� �
David Bejarano GI . Goo �
Chief of Police City Atto y
Ordinance?�'o. 3�10
Paee �
PASSED. APPROVED, and ADOPTED b�� the Cit�� Council of the Cit� of Chula \'ista.
Califomia� this 3rd da� of June 2014, b� the follo���ine vote:
Al'�S: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Cox
\.41'S: Councilmembers: None
ABSENT: Councilmembers: None
Chervl Cox. M � r
ATTEST:
�-�
Donna R. Norris. MC. Cit�� Clerk
STATE OF CALIFOR�TIA )
CO[J?�'TY OF SAI�' DIEGO )
CITY OF CHUL.4 VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia. do hereb�� certifi� that the foreeoine
Ordinance No. 3310 had its first readine at a reeulaz meetine held on the 27th dav of A9av 201�
and its second reading and adoption at a regulaz meeting of said Cit�� Council held on the 3rd day
of June 2014; and was dul}� published in summan� form in accordance �mith the requirements of
state la«�and the Cit�� Charter.
�,,�.� r �, �oi�l
Da d Donna R. I�'oms, MC, Cit}� Clerk