Is it a Crime to Serve Alcohol Without Being Certified?

Under California Business and Professions Code Section 25684, serving alcohol without Responsible Beverage Service (RBS) certification is not a criminal violation. There are still consequences for not getting your certification issued by the California Department of Alcoholic Beverage Control (ABC). While serving without an RBS Certification is not classified as a crime, obtaining and maintaining an RBS certification is required for several reasons:

• Legal Requirement: Although not a criminal violation, California law requires all alcohol servers to obtain RBS certification within 30 days of employment. This ensures that all individuals involved in alcohol service are knowledgeable about responsible service practices and legal obligations required by the state.
• Avoiding Fines and Penalties: While the act of serving alcohol without certification is not a crime, establishments that fail to comply with RBS certification requirements may face fines or other administrative penalties that could harm the establishment. Requiring that all staff members are RBS certified helps avoid possible consequences.
• Knowing Legal Risks for Servers: In RBS training servers learn about the risk they have for over-service, serving to minors, and other incidents that may happen on site. In case of an accident due to overservice, servers may face criminal charges, jail time, fines, and personal lawsuits. RBS training teaches servers their liability and how to prevent ever being in those situations. 
• Promoting Responsible Service: The primary goal of RBS certification is to promote responsible alcohol service. By completing RBS training and obtaining a responsible beverage certification, servers gain the knowledge to handle alcohol service responsibly, prevent underage drinking, and manage intoxicated patrons.
• Establishing Professional Standards: RBS certification sets a standard for alcohol service in every establishment. It demonstrates a commitment to high-quality service and compliance with state regulations, which can provide a positive reputation of an establishment.

Obtaining an RBS certification remains crucial for legal compliance and responsible service. If you are not already certified check out our course options.