Chapter 310
2010 -- H 7352 SUBSTITUTE A AS
AMENDED
Enacted 06/25/10
A N A C T
RELATING TO
ALCOHOLIC BEVERAGES - RETAIL LICENSES
Introduced
By: Representatives Kilmartin, DaSilva,
Shallcross Smith
Date Introduced: February 03, 2010
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 J, Class N and Class P licenses.
-
- (a)
The holder of a Class B, Class C, Class D, Class J, 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 (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%). Provided,
however, that the city of
require eligible employees to complete the certified training
program, prior to employment within
the city.
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 persons
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
with this section subject to the three (3) year limitation
contained herein.
(c) Only alcohol server
training programs that meet the following criteria as determined
by the department of mental health, retardation and
hospitals may be eligible for certification:
(1) 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.
(2) 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.
(3) Training in
preventing sales to underage drinkers, including training in detection of
fraudulent identification;
(4) Training shall
entail no less than two (2) hours, and no greater than four (4) hours in
duration, with no absentee certification.
(d) Notwithstanding the
criteria established under subsection 3-7-6.1(c), an Internet or
computer-based alcohol server training program shall be eligible for
certification if the following
criteria are met:
(1) Training in all
basic information, as outlined in subdivision 3-7-6.1(c)(1),
is included
in the program;
(2) Training in
preventing sales to underage drinkers, including training in detection of
fraudulent identification is included in the program; and
(3) Training program is
designed to periodically verify that a trainee has reviewed and
obtained a working knowledge of information presented through
the Internet or computer training
program.
(e) (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.
(f) 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.
(g) 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.
(h) 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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LC01095/SUB A
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