2017 -- S 0292

========

LC001137

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

     Introduced By: Senator Walter S. Felag

     Date Introduced: February 15, 2017

     Referred To: Senate Special Legislation and Veterans Affairs

     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 regulations, 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 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, 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) 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) 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-year (3) limitation contained herein.

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

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

regulation 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 (c) of this section, 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 subsection (c)(1) of this section, is

included in the program;

LC001137 - Page 2 of 5

     (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 behavioral healthcare, developmental disabilities and healthcare business

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

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

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

recertified every three (3) years.

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

the behavioral healthcare, developmental disabilities and healthcare department of business

regulation. 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-year (3) period

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

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

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

     (2) For violations within a 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 behavioral healthcare, developmental disabilities and healthcare may

forward complaints of violations to the department of business regulation.

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

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

server training certification for a third 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.

LC001137 - Page 3 of 5

     (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 business regulation behavioral healthcare, developmental disabilities

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

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

disabilities and healthcare 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.

========

LC001137

========

LC001137 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO ALCOHOLIC BEVERAGES -- RETAIL LICENSES

***

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

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

disabilities and hospitals.

     This act would take effect upon passage.

========

LC001137

========

LC001137 - Page 5 of 5