1. (a) The penalty guideline for an ABC licensee in violation of Business and Professions code § 25683 is a 10-day suspension.

2. (b) For an administrative penalty imposed upon an ABC licensee for violation of Business and Professions code § 25683, an administrative law judge may consider the following factors, among others, for either aggravation or mitigation:

   1. (1) percentage of employees without a certification;
   2. (2) the length of time one or more employees is employed without a certification; and
   3. (3) any prior warnings given to the ABC licensee regarding alcohol server certification requirements under the RBSTPA.
3. (c) A suspension imposed for violation of Business and Professions code § 25683 is to be served consecutively, not concurrently, with other alcohol-service related offenses.

Note: Authority cited: Sections 25681(a) and 25685(a), Business and Professions Code. Reference: Sections 25682, 25683, 25684 and 25685, 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).