ABC Trace Program: Reduce Your Exposure to Fines and Potential Liability

Uncover the responsibilities of bar owners under California's TRACE program and learn how to contribute to a safer community while protecting your business from fines and loss of license.
A police officer conducting online training on responsible beverage service in front of a fire truck.

Introduction

Owning a bar can be an exciting and rewarding venture. It provides a gathering space for people to connect, unwind, and enjoy themselves. However, it also comes with a profound responsibility to maintain a safe environment for patrons and the surrounding community. One such responsibility is the management of alcohol consumption, a task that if not done properly, can result in severe consequences. This article will explore the Target Responsibility for Alcohol-Connected Emergencies (TRACE) program implemented by the California Alcohol Beverage Control (ABC), and what it means for you as a bar owner in the Golden State.

Understanding the TRACE Program

The Target Responsibility for Alcohol-Connected Emergencies (TRACE) program was established by the California ABC to address the rising concerns and negative impacts associated with excessive alcohol consumption. The TRACE program’s main objective is to hold accountable those who contribute to alcohol-related harm, such as serving minors or over-serving patrons, thereby causing accidents or emergencies.

The TRACE program operates on the idea that the responsibility for preventing alcohol-related harm does not solely lie with the drinker, but also extends to those who serve and provide the alcohol. The program empowers law enforcement agencies to investigate alcohol-related incidents and trace back the source of the alcohol to the person or establishment that provided it. If found responsible, the individual or establishment can face penalties ranging from fines and suspensions to the revocation of their alcohol license.

Why Should Bar Owners Care?

As a bar owner, you may wonder how TRACE affects your business. The most significant impact is that the program adds an extra layer of responsibility to your operations. Serving alcohol is no longer just about providing a product; it’s about ensuring the safety of your patrons and the wider community. Ignoring this responsibility can have serious repercussions, both legal and financial.

Remember that the aim of TRACE is not to punish bars and restaurants but to ensure they are part of the solution in preventing alcohol-related harm. By understanding and implementing best practices in serving alcohol, you can help create a safer environment and potentially save lives, while at the same time protecting your business from penalties.

How to Mitigate Risks?

Now that we’ve understood the purpose and implications of TRACE, let’s delve into some steps you can take to minimize the risks associated with serving alcohol in your establishment.

  1. Proper Staff Training: One of the most effective ways to prevent alcohol-related incidents is through proper staff training. All staff members should be trained in Responsible Beverage Service (RBS) practices, which include understanding the effects of alcohol, recognizing signs of intoxication, checking IDs accurately, and knowing when to refuse service.
  2. Implement ID Verification Systems: Implementing an ID verification system can significantly reduce the risk of serving alcohol to minors. These systems can quickly and accurately verify the age of the patron, reducing the risk of human error.
  3. Monitor Patron Intoxication Levels: It’s crucial to monitor the alcohol consumption of your patrons continuously. Teach your staff to recognize signs of intoxication and give them the authority to refuse service to anyone who appears intoxicated.
  4. Promote Safe Drinking Practices: Encourage patrons to consume alcohol responsibly. This could include serving water and food alongside alcoholic beverages, promoting the use of designated drivers, and partnering with local taxi or rideshare services.
  5. Maintain Documentation: Keeping accurate records of incidents, refusals of service, and staff training can provide a defense if your establishment is ever implicated in a TRACE investigation.

The Origin and Evolution of TRACE

The TRACE Protocol was born out of tragedy in 2004 when a college student, Casey Goodwin, was killed in a crash by an underage drunk driver. Although the driver was prosecuted, the individual who provided the alcohol to the driver was not held accountable. This incident sparked a conversation about the role of alcohol providers in such emergencies and led to the development of TRACE. The program was initiated by a diverse group of law enforcement agencies, including the California Department of Alcoholic Beverage Control (ABC), stakeholder groups, and individuals who were deeply concerned with the increasing problem of youth access to alcohol.

Initially funded by a grant from the Office of Traffic Safety (OTS), the TRACE program has evolved over time to include the use of technology in its operations. The California ABC developed the TRACE WebApp as a quick, accurate, and secure method for law enforcement to relay data to the TRACE Unit. This advancement has greatly improved the efficiency and effectiveness of TRACE investigations.

TRACE In Action

When an alcohol-related emergency involving a person under 21 or any individual charged with vehicular manslaughter under the influence of alcohol occurs, first responders immediately notify ABC. ABC agents then conduct a simultaneous investigation to determine where the alcoholic beverages were acquired, purchased, or served. Evidence such as false identification, receipts, bags, labels, and witness statements are used to trace back the source of the alcohol.

If the TRACE investigation determines that an ABC licensed location sold or furnished alcohol to a minor or served or sold alcohol to someone who was obviously intoxicated, the Department will file an administrative action to suspend or revoke the license of that business. This process underscores the critical role that establishments like bars play in preventing alcohol-related harm and the severe consequences they may face for any negligence.

Law enforcement has two options to report a TRACE incident: through the TRACE WebApp or by calling the 24-hour TRACE Hotline.

The Way Forward

The implementation of the TRACE program has made it abundantly clear that bar owners are part of the broader community effort to prevent alcohol-related harm. By maintaining a vigilant eye on serving practices and fostering a culture of responsibility within your establishment, you can uphold your part of this social contract. The TRACE program, while enforcing accountability, also reminds us that the business of serving alcohol is not merely a commercial enterprise, but a commitment to community well-being.

As a bar owner, embracing the principles of the TRACE program can help you establish your business as a responsible and respected member of the community. It can also protect you from potential legal consequences, financial losses, and damage to your reputation. So, let’s raise a toast to responsible alcohol service – here’s to a safer community, a thriving business, and a better tomorrow.

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