Chapter
215
2005 -- H 6452 SUBSTITUTE A
Enacted 07/08/05
A N A C T
RELATING TO ALCOHOLIC
BEVERAGES
Introduced By: Representatives Carter, Lewiss, Gallison, Sullivan, and Malik
Date Introduced: May 03, 2005
It is enacted by the General Assembly as follows:
SECTION 1. Section
3-7-6.1 of the General Laws in Chapter 3-7 entitled "Retail
Licenses"
is hereby amended to read as follows:
3-7-6.1.
Renewal of Class B, Class C, Class D, Class E, Class J, and Class N licenses
Renewal
of Class B, Class C, Class D, Class J, Class N and Class P licenses. -- (a) The holder
of a
Class B, Class C, Class D, Class E, Class J, or Class N or
Class P license who applies before
October
1, in any licensing period, for a license of the same class for the next
succeeding
licensing
period shall, prior to filing said application, demonstrate that he or she has
complied
with the
Alcohol Server Training Regulations, as promulgated by the department of
business
regulation, as set forth in subsection subsection (b)
of this section.
(b) The department of business regulation shall promulgate rules and
regulations
requiring
that all licenses issued pursuant to this section meet the following minimum
Alcohol
Server
Training requirements:
(1) All persons who sell or serve alcoholic beverages, anyone serving in a
supervisory
capacity
over those who sell or serve alcoholic beverages, anyone whose job description entails
the
checking of identification for the purchase of alcoholic beverages and valet
parking staff shall
receive
Alcohol Server Training as set forth herein.
(2)
Any eligible employee of a licensee shall be required to complete certified
training
within
sixty (60) days of the commencement of his or her employment and must attain a
minimum
score of seventy-five percent (75%). Individuals certified by an alcohol server
training
program
prior to December 31, 2005 are exempt from the certification requirements
herein, not to
exceed
three (3) years.
(3)
Licensees shall require servers to be recertified every three (3) years.
(4)
As a condition of license renewal, and as part of the license renewal
application, each
licensee
must submit to their municipality information verifying that all persons listed
under
subsection
(b)(1) above and employed by the licensee for more than sixty (60) days in the
past
year
have completed a certified program within the last three (3) years.
(5)
All person identified under subsection (b) above must have their valid server
permits
on
the premises when engaged in the sale or service of alcoholic beverages.
(6)
Individuals who have been issued a server permit in another jurisdiction by an
approved
Rhode Island alcohol server training program shall be determined to be in
compliance
with
this section subject to the three (3) year limitation contained herein.
(2)
(c)(1) Only nationally recognized alcohol server training
programs, which that meet
the
following criteria as determined by the department of mental health,
retardation and hospitals
may be
eligible for certification by the department. :
(i) Training is provided through more than one medium including, but not
limited to,
video,
training manual and/or role playing;
(ii) The content of the program has been developed and maintained by recognized
subject
matter and industry experts in the field;
(iii) Programs wherein the instructor is not the grading organization;
(iv) Programs that have been validated and approved by other states which have
mandated
this training;
(v) Programs which follow sound instructional design norms for the target
audience;
(vi) Programs which are regularly updated as science, technology and standards
change.
(3) Licensees, pursuant to regulations promulgated by the department, shall
require
servers
to be recertified every five (5) years.
(4) Any eligible employee of a licensee will be required to complete said
training within
one
hundred and twenty (120) days of the commencement of his or her employment.
(5) The department shall promulgate said regulations no later than January 1,
2005. All
licensees
shall be in compliance with said regulations within ninety (90) days of January
1, 2005,
or be
subject to the penalties set forth in this title.
(2)
Training is provided in all basic information relevant to servers, including,
but not
limited
to:
(i)
the physiological effects of alcohol;
(ii)
alcohol's association with social problems;
(iii)
coverage of legal requirements related to alcohol service;
(iv)
how to identify patrons who are impaired; and
(v)
techniques in refusing service to intoxicated patrons.
(3)
Training is provided in more than one medium including, but not limited to,
video,
training
manual, and/or role playing related to refusal of service to intoxicated
drinkers.
(4) Training in preventing sales to underage drinkers, including training in
detection of
fraudulent
identification;
(5) Training entails a minimum of a four (4) hour duration with no absentee
certification.
(d)(1)
Testing procedures, test content, and grading procedures shall be approved by
the
department
of mental health, retardation and hospitals to insure testing integrity and
consistency
with
program requirements contained in subsection (c) herein. The department of
mental health,
retardation
and hospitals is authorized to audit, in a method it shall determine, any
approved
server
training program.
(2)
Training programs, pursuant to rules and regulations promulgated by the
department
of
mental health, retardation and hospitals, shall be recertified every three (3)
years.
(3) Server permits shall be issued by the server training programs in a form
approved by
the
department of mental health, retardation and hospitals. Said permits shall
include, at a
minimum,
the name of the server, the date of issuance, and the name of the server
training
program.
(e)
The department of business regulation shall promulgate and enforce rules and
regulations
for non-compliance as follows:
(1)
graduated penalties for licensees for violations within a three (3) year period
beginning
with an initial written warning for violations within a three (3) year period
for a first
violation,
a written warning for a second (2nd) violation, a fine not to exceed two
hundred fifty
dollars
($250) for a third (3rd) violation or noncompliance, and a license suspension
for
subsequent
violations.
(2)
for violations within a three (3) year period, graduated penalties for training
programs
beginning
with an initial written warning, a written warning for a second (2nd)
violation, and a
suspension
and/or decertification for a third (3rd) violation or for repeated
noncompliance. The
department
of mental health, retardation and hospitals may forward complaints of
violations to
the
department of business regulation.
(3)
for violations within a three (3) year period, graduated penalties for servers
beginning
with
an initial written warning, a written warning for a second (2nd) violation, and
a loss of server
training
certification for a third (3rd) violation or noncompliance.
(4)
Failure to have a valid server permit on their person shall not constitute a
violation,
provided,
proof of a valid permit is provided within ten (10) days thereof.
(f)
In order to provide for uniformity, any enactment by any government body relating
to
alcohol
server training programs pertaining to Class B, Class C, Class D, Class J,
Class N. and P
licenses,
as provided for herein shall be by statute as enacted by the general assembly.
(g)
The respective departments shall promulgate said regulations no later than
October 1,
2005.
The department of mental health, retardation and hospitals shall review and
certify eligible
alcohol
server training programs no later than January 1, 2006. The department of
mental health,
retardation
and hospitals shall notify applicants of any deficiencies not later than
December 1,
2005.
All licensees shall be in compliance with said regulations within ninety (90)
days of
January
1, 2006, or be subject to the penalties set forth herein.
SECTION 2. This act
shall take effect upon passage.
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LC03206/SUB A/3
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