law15256

Chapter 256

2015 -- H 5905
Enacted 07/15/2015

A N A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES--RENEWAL OF CLASS B, CLASS C, CLASS D, CLASS J. CLASS N AND CLASS P LIQUOR LICENSES ISSUED BY THE TOWN OF SMITHFIELD

Introduced By: Representatives Winfield, and Costantino

Date Introduced: March 13, 2015

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, 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 Regulations, alcohol server training regulations, requirements:

(1) All persons who sell or serve alcoholic beverages, beverages; anyone serving in a

supervisory capacity over those who sell or serve alcoholic beverages, beverages; anyone whose

job description entails the checking of identification for the purchase of alcoholic beverages

beverages; and valet parking staff shall receive Alcohol Server Training Regulations, alcohol

server training regulations, 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 Pawtucket and

the town of Smithfield may require eligible employees to complete the certified training program,

prior to employment within the city or town. Individuals certified by an alcohol server training

program prior to December 31, 2005 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 of this section 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 of this section 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 three-year (3) limitation contained herein.

by the department of mental health, retardation and hospitals behavioral healthcare,

developmental disabilities 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), (c) of this

section, an Internet or computer-based 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),

subsection (c)(1) of this section, is included in the program;

(2) Training in preventing sales to underage drinkers, including training in detection of

fraudulent identification 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 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 behavioral healthcare, developmental

disabilities and hospitals to insure ensure testing integrity and consistency with program

requirements contained in subsection (c) herein. The department of mental health, retardation

and hospitals behavioral healthcare, developmental disabilities 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, behavioral healthcare, developmental

disabilities 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. behavioral healthcare,

developmental disabilities 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 three-year

(3) period beginning with an initial written warning for violations within a three (3) year three-

year (3) period for a first violation, violation; a written warning for a second (2nd) violation,

violation; a fine not to exceed two hundred fifty dollars ($250) for a third (3rd) violation or

noncompliance, noncompliance; and a license suspension for subsequent violations.

(2) For violations within a three (3) year three-year (3) 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 behavioral

healthcare, developmental disabilities and hospitals may forward complaints of violations to

the department of business regulation.

(3) For violations within a three (3) year three-year (3) period, graduated penalties for

servers beginning with an initial written warning, warning; a written warning for a second (2nd)

violation, 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 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 behavioral healthcare,

developmental disabilities 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 behavioral healthcare, developmental disabilities 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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LC002127

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