62A-15-401 (Effective 07/01/11) - Alcohol training and education seminar.
62A-15-401 (Effective 07/01/11). Alcohol training and education seminar.
(1) As used in this part:
(a) "Instructor" means a person that directly provides the instruction during an alcoholtraining and education seminar for a seminar provider.
(b) "Licensee" means a person who is:
(i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act; and
(B) engaged in the retail sale of an alcoholic product for consumption on the premises ofthe licensee; or
(ii) a business that is:
(A) a new or renewing licensee licensed by a city, town, or county; and
(B) engaged in the retail sale of beer for consumption off the premises of the licensee.
(c) "Off-premise beer retailer" is as defined in Section 32B-1-102.
(d) "Seminar provider" means a person other than the division who provides an alcoholtraining and education seminar meeting the requirements of this section.
(2) (a) This section applies to an individual who, as defined by the board by rule:
(i) manages operations at the premises of a licensee engaged in the retail sale of analcoholic product for consumption on the premises of the licensee;
(ii) supervises the serving of an alcoholic product to a customer for consumption on thepremises of a licensee;
(iii) serves an alcoholic product to a customer for consumption on the premises of alicensee;
(iv) directly supervises the sale of beer to a customer for consumption off the premises ofan off-premise beer retailer; or
(v) sells beer to a customer for consumption off the premises of an off-premise beerretailer.
(b) If the individual does not have a valid record that the individual has completed analcohol training and education seminar, an individual described in Subsection (2)(a) shall:
(i) (A) complete an alcohol training and education seminar within 30 days of thefollowing if the individual is described in Subsections (2)(a)(i) through (iii):
(I) if the individual is an employee, the day the individual begins employment;
(II) if the individual is an independent contractor, the day the individual is first hired; or
(III) if the individual holds an ownership interest in the licensee, the day that theindividual first engages in an activity that would result in that individual being required tocomplete an alcohol training and education seminar; or
(B) complete an alcohol training and education seminar within the time periods specifiedin Subsection 32B-5-404(1) if the individual is described in Subsections (2)(a)(iv) and (v); and
(ii) pay a fee:
(A) to the seminar provider; and
(B) that is equal to or greater than the amount established under Subsection (4)(h).
(c) An individual shall have a valid record that the individual completed an alcoholtraining and education seminar within the time period provided in this Subsection (2) to engagein an activity described in Subsection (2)(a).
(d) A record that an individual has completed an alcohol training and education seminaris valid for:
(i) three years from the day on which the record is issued for an individual described in
Subsection (2)(a)(i), (ii), or (iii); and
(ii) five years from the day on which the record is issued for an individual described inSubsection (2)(a)(iv) or (v).
(3) (a) A licensee may not permit an individual who is not in compliance with Subsection(2) to:
(i) serve or supervise the serving of an alcoholic product to a customer for consumptionon the premises of the licensee;
(ii) engage in any activity that would constitute managing operations at the premises of alicensee that engages in the retail sale of an alcoholic product for consumption on the premises ofthe licensee;
(iii) directly supervise the sale of beer to a customer for consumption off the premises ofan off-premise beer retailer; or
(iv) sell beer to a customer for consumption off the premises of an off-premise beerretailer.
(b) A licensee that violates Subsection (3)(a) is subject to Section 32B-5-403.
(4) The division shall:
(a) (i) provide alcohol training and education seminars; or
(ii) certify one or more seminar providers;
(b) establish the curriculum for an alcohol training and education seminar that includesthe following subjects:
(i) (A) alcohol as a drug; and
(B) alcohol's effect on the body and behavior;
(ii) recognizing the problem drinker or signs of intoxication;
(iii) an overview of state alcohol laws related to responsible beverage sale or service, asdetermined in consultation with the Department of Alcoholic Beverage Control;
(iv) dealing with the problem customer, including ways to terminate sale or service; and
(v) for those supervising or engaging in the retail sale of an alcoholic product forconsumption on the premises of a licensee, alternative means of transportation to get thecustomer safely home;
(c) recertify each seminar provider every three years;
(d) monitor compliance with the curriculum described in Subsection (4)(b);
(e) maintain for at least five years a record of every person who has completed an alcoholtraining and education seminar;
(f) provide the information described in Subsection (4)(e) on request to:
(i) the Department of Alcoholic Beverage Control;
(ii) law enforcement; or
(iii) a person licensed by the state or a local government to sell an alcoholic product;
(g) provide the Department of Alcoholic Beverage Control on request a list of anyseminar provider certified by the division; and
(h) establish a fee amount for each person attending an alcohol training and educationseminar that is sufficient to offset the division's cost of administering this section.
(5) The board shall by rule made in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act:
(a) define what constitutes under this section an individual who:
(i) manages operations at the premises of a licensee engaged in the retail sale of an
alcoholic product for consumption on the premises of the licensee;
(ii) supervises the serving of an alcoholic product to a customer for consumption on thepremises of a licensee;
(iii) serves an alcoholic product to a customer for consumption on the premises of alicensee;
(iv) directly supervises the sale of beer to a customer for consumption off the premises ofan off-premise beer retailer; or
(v) sells beer to a customer for consumption off the premises of an off-premise beerretailer;
(b) establish criteria for certifying and recertifying a seminar provider; and
(c) establish guidelines for the manner in which an instructor provides an alcoholeducation and training seminar.
(6) A seminar provider shall:
(a) obtain recertification by the division every three years;
(b) ensure that an instructor used by the seminar provider:
(i) follows the curriculum established under this section; and
(ii) conducts an alcohol training and education seminar in accordance with the guidelinesestablished by rule;
(c) ensure that any information provided by the seminar provider or instructor of aseminar provider is consistent with:
(i) the curriculum established under this section; and
(ii) this section;
(d) provide the division with the names of all persons who complete an alcohol trainingand education seminar provided by the seminar provider;
(e) (i) collect a fee for each person attending an alcohol training and education seminar inaccordance with Subsection (2); and
(ii) forward to the division the portion of the fee that is equal to the amount described inSubsection (4)(h); and
(f) issue a record to an individual that completes an alcohol training and educationseminar provided by the seminar provider.
(7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,Administrative Procedures Act, the division finds that a seminar provider violates this section orthat an instructor of the seminar provider violates this section, the division may:
(i) suspend the certification of the seminar provider for a period not to exceed 90 days;
(ii) revoke the certification of the seminar provider;
(iii) require the seminar provider to take corrective action regarding an instructor; or
(iv) prohibit the seminar provider from using an instructor until such time that theseminar provider establishes to the satisfaction of the division that the instructor is in compliancewith Subsection (6)(b).
(b) The division may certify a seminar provider whose certification is revoked:
(i) no sooner than 90 days from the date the certification is revoked; and
(ii) if the seminar provider establishes to the satisfaction of the division that the seminarprovider will comply with this section.
Amended by Chapter 276, 2010 General Session