2015 -- H 5905

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LC002127

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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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

     Referred To: House Corporations

     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 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 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 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.

      (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;

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      (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

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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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LC002127

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

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

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     This act would permit the town of Smithfield to require that serves of alcoholic beverages

complete their certified training prior to employment within the town.

     This act would take effect upon passage.

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