2017 -- H 5348

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LC001162

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

     

     Introduced By: Representative Raymond H. Johnston

     Date Introduced: February 02, 2017

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 3-7-6.1 of the General Laws in Chapter 3-7 entitled "Retail

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Licenses" is hereby amended to read as follows:

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     3-7-6.1. Renewal of Class B, Class C, Class D, Class J, Class N and Class P licenses.

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     (a) The holder of a Class B, Class C, Class D, Class J, Class N or Class P license who

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applies before October 1, in any licensing period, for a license of the same class for the next

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succeeding licensing period shall, prior to filing said application, demonstrate that he or she has

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complied with the alcohol server training regulations, as promulgated by the department of

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business regulation, as set forth in subsection (b) of this section.

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     (b) The department of business regulation shall promulgate rules and regulations

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requiring that all licenses issued pursuant to this section meet the following minimum alcohol

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server training regulations, requirements:

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

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capacity over those who sell or serve alcoholic beverages; anyone whose job description entails

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the checking of identification for the purchase of alcoholic beverages; and valet parking staff

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shall receive alcohol server training regulations, as set forth herein.

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     (2) Any eligible employee of a licensee shall be required to complete certified training

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within sixty (60) days of the commencement of his or her employment and must attain a

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minimum score of seventy-five percent (75%). Provided, however, that the city of Pawtucket and

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

 

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

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training program prior to December 31, 2005, are exempt from the certification requirements

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herein, not to exceed three (3) years.

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     (3) Licensees shall require servers to be recertified every three (3) years.

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     (4) As a condition of license renewal, and as part of the license renewal application, each

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licensee must submit to their municipality information verifying that all persons listed under

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subsection (b)(1) of this section and employed by the licensee for more than sixty (60) days in the

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past year have completed a certified program within the last three (3) years.

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     (5) All persons identified under subsection (b) of this section must have their valid server

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permits on the premises when engaged in the sale or service of alcoholic beverages.

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     (6) Individuals who have been issued a server permit in another jurisdiction by an

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approved Rhode Island alcohol server training program shall be determined to be in compliance

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with this section subject to the three-year (3) limitation contained herein.

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     (c) Only alcohol server training programs that meet the following criteria as determined

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by the behavioral healthcare, developmental disabilities and healthcare department of business

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regulation may be eligible for certification:

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     (1) Training is provided in all basic information relevant to servers, including, but not

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limited to:

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     (i) The physiological effects of alcohol;

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     (ii) Alcohol's association with social problems;

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     (iii) Coverage of legal requirements related to alcohol service;

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     (iv) How to identify patrons who are impaired; and

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     (v) Techniques in refusing service to intoxicated patrons.

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     (2) Training is provided in more than one medium including, but not limited to, video,

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training manual, and/or role playing related to refusal of service to intoxicated drinkers.

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

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fraudulent identification;

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     (4) Training shall entail no less than two (2) hours, and no greater than four (4) hours in

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duration, with no absentee certification.

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     (d) Notwithstanding the criteria established under subsection (c) of this section, an

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internet- or computer-based alcohol server training program shall be eligible for certification if

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the following criteria are met:

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     (1) Training in all basic information, as outlined in subsection (c)(1) of this section, is

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included in the program;

 

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

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fraudulent identification, is included in the program; and

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     (3) Training program is designed to periodically verify that a trainee has reviewed and

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obtained a working knowledge of information presented through the internet or computer training

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program.

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     (e) (1) Testing procedures, test content, and grading procedures shall be approved by the

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department of behavioral healthcare, developmental disabilities and healthcare business

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regulation to ensure testing integrity and consistency with program requirements contained in

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subsection (c) herein. The department of behavioral healthcare, developmental disabilities and

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healthcare business regulation is authorized to audit, in a method it shall determine, any approved

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server training program.

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     (2) Training programs, pursuant to rules and regulations promulgated by the department

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of behavioral healthcare, developmental disabilities and healthcare business regulation, shall be

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recertified every three (3) years.

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     (3) Server permits shall be issued by the server training programs in a form approved by

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the behavioral healthcare, developmental disabilities and healthcare department of business

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regulation. Said permits shall include, at a minimum, the name of the server, the date of issuance,

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and the name of the server training program.

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     (f) The department of business regulation shall promulgate and enforce rules and

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regulations for non-compliance as follows:

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     (1) Graduated penalties for licensees for violations within a three-year (3) period

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

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violation; a written warning for a second violation; a fine not to exceed two hundred fifty dollars

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($250) for a third violation or noncompliance; and a license suspension for subsequent violations.

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

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

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violation, and a suspension and/or decertification for a third (3rd) violation or for repeated

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noncompliance. The behavioral healthcare, developmental disabilities and healthcare may

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forward complaints of violations to the department of business regulation.

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

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beginning with an initial written warning; a written warning for a second violation, and a loss of

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server training certification for a third violation or noncompliance.

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     (4) Failure to have a valid server permit on their person shall not constitute a violation,

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provided, proof of a valid permit is provided within ten (10) days thereof.

 

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     (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

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licenses, as provided for herein shall be by statute as enacted by the general assembly.

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     (h) The respective departments shall promulgate said regulations no later than October 1,

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2005. The department of business regulation behavioral healthcare, developmental disabilities

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and healthcare shall review and certify eligible alcohol server training programs no later than

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January 1, 2006. The department of business regulation behavioral healthcare, developmental

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disabilities and healthcare shall notify applicants of any deficiencies not later than December 1,

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2005. All licensees shall be in compliance with said regulations within ninety (90) days of

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January 1, 2006, or be subject to the penalties set forth herein.

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     SECTION 2. This act shall take effect upon passage.

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LC001162

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

***

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     This act would provide that the department of business regulation administer alcoholic

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server training programs rather than the department of behavioral healthcare, developmental

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disabilities and hospitals.

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     This act would take effect upon passage.

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