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CONSIDERATION OF ADDING CHAPTER 8.27 TO THE CHULA VISTA MUNICIPAL CODE TO REQUIRE TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE SERVICE FOR ON-SALE LICENSEES AND EMPLOYEES
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 8, HEALTH AND SANITATION, BY ADDING CHAPTER 8.27, TRAINING IN RESPONSIBLE ALCOHOLIC BEVERAGE SERVICE REQUIRED FOR ON-SALE LICENSEES AND EMPLOYEES, TO THE CHULA VISTA MUNICIPAL CODE (FIRST READING)
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RECOMMENDED ACTION
Recommended Action
Council place ordinance on first reading.
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SUMMARY
This ordinance will require that on-sale alcohol licensees and their employees complete training in responsible alcoholic beverage service, either through the Department of Alcohol Beverage Control's LEAD (Licensee Education on Alcohol and Drugs), or another privately offered RBS (Responsible Beverage Service) program.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
Education Enhances Public Safety
Alcohol-related crime and disorder is preventable, through the personal responsibility of the consumer and the professional responsibility of the provider. Accordingly, requiring training in responsible alcoholic beverage service is important to enhance public safety in Chula Vista. Underage drinking and alcohol-fueled injuries and deaths in vehicle crashes, sexual assaults, domestic violence, and other crimes threaten public health and safety. Nuisance behavior linked to ABC businesses or patrons also may diminish quality of life for owners, employees, other patrons, and nearby residents. Educating providers in the responsible service of alcoholic beverages will go a long way to prevent alcohol-related problems in the community.
The Chula Vista Police Department (CVPD) regularly inspects and conducts enforcement operations of on-sale alcohol licensees within the city. During inspections and operations within the past year, incidents of a potentially dangerous nature as well as non-compliance with ABC regulations were observed. In one recent undercover operation, an 18-year-old female was allowed entry into a bar after midnight. Less than one month ago, a bar patron was assaulted outside of the bar after getting into an altercation with other patrons. When officers arrived the subject was extremely intoxicated, and witnesses, as well as video footage, confirmed he had been over-served at the bar. These observations and activities have highlighted the need for continuous education for on-sale alcohol establishment employees. Both proactive and reactive police activity at on-sale establishments with high calls for service have required a significant amount of the Department's limited resources. CVPD has held numerous community meetings as well as problem-solving campaigns to reduce alcohol-related issues at these businesses. In addition to CVPD's efforts, prevention of alcohol intoxication at on-sale establishments, at the point of service, is also needed.
The service of alcoholic beverages within the community comes with a great responsibility. Therefore, a licensee and its employees must fully understand all of the laws surrounding the sales and service of alcohol prior to serving their first beer. Those businesses that are properly trained in California Law on a regular basis are better equipped to deny a sale based on the educated observations of staff. Through continued cooperation with the community and enforcement operations, CVPD believes an ordinance requiring LEAD and RBS training is necessary to most effectively prevent alcohol-related crimes and injuries associated with on-sale establishments. The training will assist and benefit the approximately 160 on-sale alcohol establishments in Chula Vista by educating their staff on the responsibilities of providing alcohol service. Also on-sale establishments that participate in responsible alcoholic beverage service training demonstrate to patrons and the community that public safety is a paramount concern.
Other Cities and Impact Studies
Several cities in San Diego County have already enacted ordinances requiring alcohol establishments to send employees to LEAD or RBS training. Those cities are: Imperial Beach, National City, El Cajon, San Marcos, Encinitas, Vista, Poway, Solana Beach and Carlsbad. Many of these ordinances were enacted within the past five years. The Center for Community Research evaluated 3,006 surveys completed by participants in 95 LEAD courses throughout San Diego County over the course of 3 years. The overwhelming majority (93% and above) of respondents found the LEAD training topics to be "very useful" or "useful." (Center for Community Research, 2013). Evaluations of similar RBS programs throughout the world have shown a positive impact when training is coupled with enforcement and the development of strong business policies (Wallin, Norstrom & Andreasson, 2003). These studies show that a combination of training and enforcement results in reductions in the number of intoxicated persons leaving a bar, car crashes, sales to intoxicated patrons, sales to minors, and incidents of violence surrounding alcohol outlets (Wallin, Norstrom, & Andreasson, 2003). While evaluations of the effectiveness of responsible beverage service programs are limited, studies have shown the most effective programs are those that are mandatory, include owners and managers and servers, and include a visible enforcement component (US Department of Health and Human Services, 2002). The Chula Vista Police Department will measure the success of requiring training by calculating the number of employees trained, enforcement action taken, and any change in calls for service to on-sale establishments for disorderly and violent incidents.
In addition to a positive impact on public safety, these mandatory classes benefit businesses and staff by boosting job skills and potentially reducing civil liability risks associated with service of alcoholic beverages to an obviously intoxicated minor that results in injury or death. Cal. Bus. and Prof. Code ยง 25602.1.
State and local governments can help prevent these tragedies through a combination of community outreach, enforcement and mandatory training. Several states have adopted mandatory RBS training laws (including Oregon, Washington, and New Mexico). The Institute of Medicine, in a review of strategies to reduce youth access to alcohol, recommended, "States should require all sellers and servers of alcohol to complete state-approved training as a condition of employment." (2004: 172). The ordinance proposed would require the LEAD or RBS training on a local level and therefore provide the City of Chula Vista with a prevention tool to reduce youth access to alcohol.
Many on-sale alcohol outlets already participate voluntarily in RBS training in the interest of running a responsible business and protecting public safety. The CVPD has hosted several LEAD trainings in previous years with a high attendance rate. The mandatory training is necessary to ensure all establishments and employees are educated in ABC law and the importance of preventing alcohol intoxication. The ordinance is directed toward on-sale establishments due to the disorder and crime potential of alcoholic beverage consumption and the opportunity to prevent over service at these establishments. In their review of alcohol science research in a leading medical journal, Room and colleagues argue that "the general rule in such situations is that it is easier and more effective for the state to influence licensed occupational behavior than it is to influence the behavior of private customers" (2005). Calls for service related to violent and disorderly patrons are higher at on-sale establishments. The servers at on-sale establishments are critical in the prevention of alcohol intoxication.
Proposed Ordinance
Based on the Chula Vista Police Department's problem analysis, the ordinance is recommended to increase employee awareness of ABC-related laws and consequently amplify efforts to prevent alcohol-related crimes and disturbances at on-sale alcohol establishments. The ordinance will apply to all businesses with retail on-sale ABC licenses in Chula Vista, such as restaurants, taverns, night clubs and bars. This also includes the Sleep Train Amphitheatre. The LEAD (Licensee Education on Alcohol and Drugs) and RBS (Responsible Beverage Service) programs were developed as a result of collaboration between law enforcement and local businesses to improve public health and safety by increasing compliance with state and local law. The LEAD training is available at no cost and is funded by the California Department of Alcoholic Beverage Control (ABC). The RBS training is offered by private providers for a fee - usually less than $25.00 per person. The mission of the LEAD and RBS programs is to provide high-quality, effective and educationally sound training on alcohol responsibility and the laws related to California retail licensees and their employees. These programs teach best practices in preventing service to minors and over-service to adults. Topics include ABC and DUI laws, liability, recognizing signs of intoxication, refusing sales, guest safety, checking identification, and recognizing false identification. Many ABC licensees in Chula Vista already enroll their employees in these programs in the interest of promoting public safety, managing a safe and responsible business, and minimizing liability. Training lasts three to four hours and is regularly available throughout the region in live classes, interactive online courses, or sessions at the workplace.
A manager or supervisory employee who has completed LEAD or RBS training must be on the business premises during operating hours. Any employee who serves alcohol must complete LEAD or RBS training. Training must be completed within 6 months of the effective date of the ordinance, hire of a new employee, or start of a new business, which ever date is soonest. Training certificates will be considered valid for 4 years from date of completion. Proof of training must be kept on the premises and available for inspection during business hours upon request by a Chula Vista Police Officer or other designated City employee.
Community Outreach
Chief Bejarano sent a letter to each retail on-sale licensee on February 24, 2014 introducing and summarizing the proposed ordinance, as well as inviting questions and comments. The Department received four responses in support of the ordinance and zero responses in opposition. On April 10, 2014, Chief Bejarano sent a follow-up letter notifying licensees of the planned Council date to propose the ordinance. He also provided information of a LEAD training in National City on April 24, 2014.
Training Opportunities
To facilitate the initial number of employees requiring training, CVPD will coordinate with ABC and the Responsible Hospitality Coalition to sponsor LEAD training every three months. Subsequently, CVPD will sponsor or coordinate LEAD training in the South Bay every six months. In the event that licensees need to send an employee to a different training, the option of RBS exists and numerous classes are offered throughout the county. The Chula Vista Police Department will proactively notify each on-sale licensee about the requirements and opportunity for sponsored training upon passage of the ordinance. CVPD will post information on training programs on its website and provide information on training programs upon request.
Compliance
Pursuant to the ordinance, on-sale licensees will be required to maintain proof of training on the business premises. The Chula Vista Police Department will intermittently conduct routine ABC inspections and on-sale licensee owners or managers will be asked to provide proof that employees are trained. The training provider issues a certificate to the employee once training is completed. The Chula Vista Police Department recommends that after an employee receives training, they provide a copy of the certificate to their employer, which will be kept on the premises. The business is responsible for meeting the requirements of this ordinance, not the employee. As such, any citations or fines will be issued to the ABC licensee.
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 Chapter 1.20, General Penalty, of the Chula Vista Municipal Code, and other laws applicable to infractions.
References
Center for Community Research. (July 2013). Licensee Education on Alcohol and Drugs (LEAD) Training Survey: Summary of Countywide Findings.
Institute of Medicine. (2004). Reducing Underage Drinking: A Collective Responsibility. National Academies Press, Washington, DC.
Room, R., Babor, T., and Rehm, J. (2005 Feb 5-11). Alcohol and public health. The Lancet, 365(9458), 519-30.
U. S. Department of Health and Human Services. (2002). National Institutes of Health. NIAAA Task Force on College Drinking, A Call to Action: Changing the Culture of Drinking at U.S. Colleges. Washington, DC.
Wallin, E., Norstrom, T., and Andreasson, S. (2003). "Alcohol Prevention Targeting Licensed Premises: A Study of Effects on Violence." Journal of Studies on Alcohol 64(2):270-277.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed ordinance supports the goal of Strong and Secure Neighborhoods by requiring education in responsible alcohol service at the important point of service.
CURRENT YEAR FISCAL IMPACT
Approval of this ordinance will have no current year fiscal impact. The ordinance does not impose any type of fee. The mandated training will be a requirement of ABC on-sale licensees to fulfill. While training will be made available free of charge by ABC's LEAD program, some licensees may direct their employees to an RBS fee-based training. Any training costs associated with RBS training will be the responsibility of the business owner or employee, at the business owner's discretion.
Business inspections by Chula Vista Police Department will be done utilizing current resources.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.