Do you know your legal responsibilities as an alcohol server, alcohol seller or bartender? Knowing the right way to serve alcohol not only helps you ensure your customers are drinking responsibly, but it also helps prevent you and your employer from facing legal consequences. From the state’s general alcohol service laws to the legal consequences a licensed business may face for breaking these laws, here are the answers to the most frequently asked questions about California’s alcohol service and liquor laws.
The legal drinking age in California is 21 years old.
A person must have a Blood Alcohol Concentration (BAC) below .08% to drive legally. A person who has reached a BAC of .08% or above has reached the legal limit for intoxication, is not legally permitted to drive and can be charged with a misdemeanor.
Individuals must be at least 21 years old to pour and serve alcohol in California. If the business also serves food, employees who are at least 18 years old are permitted to serve alcohol but are not able to pour alcoholic beverages.
No. Licensed businesses in California are not permitted to offer discounted drink specials such as ladies’ night or bottomless drink specials.
Yes. It’s part of an alcohol seller, server or bartender’s job to ensure their customers are drinking responsibly. They have the right the refuse service to any individual who cannot provide valid identification or proof that they are 21 or older. They can also refuse or stop service to an individual who is intoxicated.
Alcohol servers, sellers and bartenders must check an individual’s ID to confirm they are of legal drinking age. Valid IDs include:
Yes. As of July 1, 2022, all alcohol servers, bartenders and their managers must have a valid Responsible Beverage Server (RBS) Certification to serve alcohol in California. This certification is issued by the California Department of Alcoholic Beverage Control (ABC) after a person completes the required alcohol server training and passes the state exam.
The required training, regulated by ABC, is called the Responsible Beverage Server (RBS) Training.
Userve’s RBS Certification Training Program is approved by ABC and is the training a person needs to get their RBS Certificate.After completing the RBS Training Course and passing the state exam, ABC will issue the individual a certification number through the RBS Portal. This certification number confirms that a person has their RBS Certification.
Every alcohol server and their manager on staff at a licensed business must be certified. Starting September 1, 2022, licensed businesses can receive disciplinary action if even one required employee does not have their RBS Certification. The severity of the penalty can depend on the percentage of employees without a certification.
Any individual caught selling, serving or purchasing alcohol for a person under 21, whether or not they know the person is under the legal drinking age, can be charged with a misdemeanor.
A cause of legal action can be brought to an alcohol seller or server by, or on behalf of, any person who has suffered injury or death caused by the sale of an alcoholic beverage to a minor.
A person who sells or serves an alcoholic beverage to an obviously intoxicated person can be charged with a misdemeanor.
No. In California, it is also not permitted to sell or serve alcohol between the hours of 2 am-6 am. Those caught selling or serving alcohol outside of these permitted hours can be charged with a misdemeanor.
No. Licensed businesses and employees of that business cannot sell or serve alcohol on the business premises outside the business’s hours of operation specified on their alcoholic beverage license. Those caught selling outside of the specified business hours can be charged with a misdemeanor.
Yes, businesses can be charged with a misdemeanor. Alcohol servers must be a least 21 to pour and serve alcohol in California. Employees at least 18 years of age can serve, but not pour, alcoholic beverages if the business also serves food.
At Userve, we understand that knowing the laws and regulations related to alcohol service may be confusing. Understand your legal responsibilities as an alcohol server by taking the California RBS Certification Program. Our state-approved training program provides in-depth lessons, as well as course resources, outlining the legal responsibilities of the state’s liquor authority, law enforcement, alcohol servers and employers.