1. Which California state agency administers the Alcoholic Beverage Control Act and the Responsible Beverage Service (RBS) Training Program?
- a.California Bureau of Security and Investigative Services (BSIS)
- b.California Department of Alcoholic Beverage Control (ABC)✓
- c.California Department of Consumer Affairs (DCA)
- d.California Department of Public Health (CDPH)
The California Department of Alcoholic Beverage Control (ABC), created under Article XX §22 of the State Constitution and codified at Bus. & Prof. Code §23000 et seq., has exclusive authority to license and regulate the manufacture, sale, and service of alcoholic beverages in California, including administration of the RBS Training Program under AB 1221. CDPH (a) handles public health, DCA (c) oversees consumer professions, and BSIS (d) regulates security guards — none has jurisdiction over alcohol licensing.
Cal. Bus. & Prof. Code §23000 et seq.2. Under AB 1221 and Title 4 CCR §165, a newly hired bartender must complete RBS certification within how many days of their first date of employment?
- a.30 days
- b.60 days✓
- c.90 days
- d.45 days
AB 1221 (signed 2017, effective July 1, 2022) and Title 4 CCR §165 require all alcohol servers, bartenders, managers, and persons who check IDs at on-premises ABC-licensed establishments to be RBS-certified within 60 calendar days of their first date of employment in that capacity. Employers who allow uncertified servers to continue serving past day 60 risk ABC disciplinary action. The 30, 45, and 90-day periods are incorrect.
AB 1221 (2021); Title 4 CCR §1653. Approximately what percentage of consumed alcohol is absorbed into the bloodstream through the small intestine, rather than the stomach?
- a.About 20%
- b.About 100% — the stomach absorbs none
- c.About 80%✓
- d.About 50%
Alcohol does not require digestion; it is absorbed directly through mucous membranes. Roughly 20% is absorbed across the stomach lining and about 80% across the small intestine, where the surface area is much greater. This is why food in the stomach (which slows gastric emptying into the intestine) slows absorption and lowers peak BAC, while drinking on an empty stomach speeds absorption. The stomach does absorb some alcohol (d is wrong); the intestine is the dominant site.
RBS Training Curriculum; ABC Server Education4. RBS training organizes observable intoxication signs into the SCAN acronym. SCAN stands for:
- a.Speech, Coordination, Appearance, Notable behavior✓
- b.Sip, Count, Assess, Notify
- c.Sober, Cautious, Alert, Normal
- d.Stand, Cross-check, Ask, Notify
SCAN — Speech, Coordination, Appearance, and Notable behavior — is the standardized observation framework taught to RBS servers. Speech: slurring, mumbling, volume changes. Coordination: stumbling, swaying, spilling. Appearance: glassy/bloodshot eyes, flushed face, disheveled. Notable behavior: aggression, depression, sudden mood shifts, inappropriate touching. A patron showing signs in two or more SCAN categories meets the 'obviously intoxicated' standard of §25602 and must be cut off.
RBS Training Curriculum5. Under California law, the legal standard for refusal under Bus. & Prof. Code §25602 is whether the patron is 'obviously intoxicated,' which means:
- a.The patron has admitted in writing that they are drunk
- b.A doctor has diagnosed the patron as intoxicated
- c.A reasonable person, observing the patron, would conclude the patron is intoxicated✓
- d.The patron's BAC is over 0.08% confirmed by Breathalyzer
The 'obviously intoxicated' standard under §25602 is objective and observational: would a reasonable person in the server's position recognize visible signs of intoxication? No chemical testing, admission, or medical diagnosis is required. Courts examine speech, coordination, appearance, and behavior. Servers should err on the side of caution — if you would not get in a car driven by this patron, you should not serve them another drink.
Cal. Bus. & Prof. Code §25602; RBS Curriculum6. It is a misdemeanor under Bus. & Prof. Code §25602 to sell or serve an alcoholic beverage to an obviously intoxicated person. The criminal liability falls on:
- a.Only the establishment's owner / licensee
- b.Only the bouncer at the door
- c.Only the on-duty manager
- d.The individual server, bartender, or other person who actually made the sale, in addition to potential discipline against the licensee✓
Bus. & Prof. Code §25602(a) imposes personal criminal liability on 'every person' who sells, furnishes, or gives alcohol to an obviously intoxicated person. The server can be prosecuted as a misdemeanor (fines up to $1,000 and/or up to 6 months in jail), and the licensee separately faces ABC license discipline. Saying 'I just work here' or 'my manager told me to' is not a defense. RBS certification is intended in part to reduce both individual and establishment liability.
Cal. Bus. & Prof. Code §25602(a)7. Bus. & Prof. Code §25660 lists documents that, when accepted in good faith, give the server a defense to a §25658 sale-to-minor charge. Which of the following is one of these documents?
- a.A high school yearbook with the customer's photo
- b.A Costco membership card
- c.A valid U.S. passport bearing photograph, date of birth, description, and signature✓
- d.An employee ID from the customer's workplace
§25660 lists: (1) a driver license or ID card issued by a U.S. state DMV; (2) federal ID card; (3) a valid U.S. armed forces ID; (4) a valid passport (U.S. or foreign), each bearing photo, physical description, date of birth, and signature (or for some passports, equivalent biometric features). Yearbooks, warehouse-club cards, and employer IDs are NOT bona fide identification, regardless of how convincing they look, and accepting them gives the server no §25660 defense.
Cal. Bus. & Prof. Code §256608. The standard industry practice for carding patrons who appear young is to check ID for anyone who looks under what age?
- a.Under 25
- b.Under 30✓
- c.Under 40
- d.Under 21
Industry standard — and recommended in the ABC RBS curriculum — is to card anyone who appears under 30. This buffer protects against misjudging a 22-year-old who looks 19 or a 19-year-old who looks 24. Many establishments use 'Under 40 — show your ID' signs as a stronger policy. Carding only those who 'look under 21' (a) misses many borderline cases. When in doubt, always card; the few seconds is cheap insurance against a §25658 misdemeanor.
RBS Training Curriculum9. Under Bus. & Prof. Code §25602, a server who sells alcohol to an obviously intoxicated person faces what level of criminal liability?
- a.Infraction — fine only, no jail
- b.Misdemeanor — punishable by fine up to $1,000 and/or up to 6 months in county jail✓
- c.No criminal liability — only civil liability
- d.Felony — punishable by state prison
§25602(a) makes the sale a misdemeanor for the seller; standard misdemeanor punishment under Penal Code §19 is up to 6 months in county jail and/or a fine up to $1,000. The licensee separately faces ABC administrative discipline (license suspension or revocation) under §24200. There is no felony exposure for the basic §25602 violation, but related conduct (e.g., serving leading to a vehicular manslaughter) can expose the establishment to massive civil judgments.
Cal. Bus. & Prof. Code §2560210. An obviously sober parent of a 19-year-old is dining at a Type 47 restaurant and pours wine from a shared bottle into their 19-year-old's glass. The server should:
- a.Politely intervene to stop the underage consumption; under §25658(a) it is illegal in California for any person, including a parent, to furnish alcohol to a person under 21, and the licensee can be cited✓
- b.Allow it — parental sharing is a long-standing exception
- c.Charge the parent for two bottles instead of one
- d.Allow it only if the parent signs a written waiver
California's §25658(a) is strict — no parental exception applies in any setting. The server should politely intervene ('I'm sorry, California law doesn't allow anyone under 21 to be served, even by a parent'). The licensee is exposed to ABC discipline for permitting it. Some states allow parental furnishing in private homes; California does not, and certainly does not in licensed premises. Waivers (b) cannot waive criminal statutes.
Cal. Bus. & Prof. Code §25658(a)