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H.B. 81
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ALCOHOLIC BEVERAGE SERVER TRAINING
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AMENDMENTS
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2001 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Carl R. Saunders
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This act modifies the Alcoholic Beverage Code and the Human Services Code to amend
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provisions related to alcoholic beverage server training and to make technical changes. The
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act clarifies who is required to be trained and the responsibilities of persons related to the
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training.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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32A-1-401, as last amended by Chapter 13, Laws of Utah 1998
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62A-8-103.5, as last amended by Chapter 334, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
32A-1-401
is amended to read:
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32A-1-401. Alcohol training and education -- Revocation or suspension of licenses.
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(1) The commission may revoke, suspend, [or] withhold, or not renew the license of any
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new or renewing licensee [whose employees] if any of the following persons, as defined in Section
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62A-8-103.5
, fail to complete the seminar [provided for] required in Section
62A-8-103.5
[.]:
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(a) a person who manages operations at the premises of the licensee;
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(b) a person who supervises the serving of alcoholic beverages to a customer for
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consumption on the premises of the licensee; or
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(c) a person who serves alcoholic beverages to a customer for consumption on the
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premises of the licensee.
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(2) A city, town, or county in which an establishment[, whose employees are required to
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complete the seminar provided for in Section
62A-8-103.5
,] conducts its business may revoke,
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suspend, [or] withhold, or not renew the business license of the establishment if [its employees
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fail] any person described in Subsection (1) fails to complete the seminar required in Section
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62A-8-103.5
.
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Section 2.
Section
62A-8-103.5
is amended to read:
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62A-8-103.5. Alcohol training and education seminar.
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[(1) Each new and renewing licensee under Title 32A who sells or furnishes alcoholic
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beverages to the public within the scope of his employment, and each employee of every other
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establishment who, within the scope of his employment, serves alcoholic beverages to the public
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for consumption on the premises shall:]
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(1) As used in this section:
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(a) "instructor" means a person that directly provides the instruction during an alcohol
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training and education seminar for a seminar provider;
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(b) "licensee" means a person who is:
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(i) a new or renewing licensee under Title 32A, Alcoholic Beverage Control Act; and
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(ii) engaged in the retail sale of alcoholic beverages for consumption on the premises of
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the licensee; and
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(c) "seminar provider" means a person other than the division who provides an alcohol
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training and education seminar meeting the requirements of this section.
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(2) (a) This section applies to a person who, as defined by the board by rule:
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(i) manages operations at the premises of a licensee;
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(ii) supervises the serving of alcoholic beverages to a customer for consumption on the
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premises of a licensee; or
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(iii) serves alcoholic beverages to a customer for consumption on the premises of a
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licensee.
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(b) A person described in Subsection (2)(a) shall:
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[(a)] (i) complete an alcohol training and education seminar within 30 days of [beginning
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employment; and]:
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(A) if the person is an employee, the day the person begins employment;
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(B) if the person is an independent contractor, the day the person is first hired;
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(C) if the person holds an ownership interest in the licensee, the day that person first
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engages in an activity that would result in that person being required to complete an alcohol
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training and education seminar; and
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[(b)] (ii) pay a fee:
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(A) to the seminar provider[.]; and
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(B) that is equal to or greater than the amount established under Subsection (4)(h).
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(c) Notwithstanding Subsection (2)(b)(i)(C), a person described in Subsection (2)(b)(i)(C)
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shall complete an alcohol training and education seminar by no later than July 31, 2001, if as of
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May 1, 2001 the person:
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(i) holds an ownership interest in the licensee; and
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(ii) has engaged in an activity that would result in that person being required to complete
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an alcohol training and education seminar.
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(3) (a) A licensee may not permit a person who is not in compliance with Subsection (2)
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to:
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(i) serve or supervise the serving of alcoholic beverages to a customer for consumption on
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the premises of the licensee; or
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(ii) engage in any activity that would constitute managing operations at the premises of a
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licensee.
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(b) A licensee that violates Subsection (3)(a), is subject to Section
32A-1-401
.
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[(2)] (4) The division shall:
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(a) (i) provide alcohol training and education seminars; or
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(ii) certify one or more seminar providers;
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(b) [include the following subjects in] establish the curriculum [and instruction] for an
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alcohol training and education seminar that includes the following subjects:
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(i) (A) alcohol as a drug; and [its]
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(B) alcohol's effect on the body and behavior;
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(ii) recognizing the problem drinker;
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(iii) an overview of state alcohol laws related to responsible beverage service, as
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determined in consultation with the Department of Alcoholic Beverage Control;
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(iv) dealing with the problem customer, including ways to terminate service; and
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(v) alternative means of transportation to get the customer safely home; [and]
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(c) recertify each seminar provider every three years;
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(d) monitor compliance with the curriculum described in Subsection (4)(b);
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(e) maintain for at least three years a record of every person who has completed an alcohol
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training and education seminar;
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(f) provide the information described in Subsection (4)(e) on request to:
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(i) the Department of Alcoholic Beverage Control; or
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(ii) law enforcement;
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(g) provide the Department of Alcoholic Beverage Control on request a list of any seminar
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provider certified by the division; and
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[(c)] (h) establish a fee amount for each person attending [the] an alcohol training and
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education seminar [in an amount] that is sufficient to offset the division's cost of administering [the
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seminar] this section.
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(5) The board shall by rule made in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act:
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(a) define what constitutes under this section a person who:
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(i) manages operations at the premises of a licensee;
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(ii) supervises the serving of alcoholic beverages to a customer for consumption on the
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premises of a licensee; or
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(iii) serves alcoholic beverages to a customer for consumption on the premises of a
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licensee;
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(b) establish criteria for certifying and recertifying a seminar provider; and
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(c) establish guidelines for the manner in which an instructor provides an alcohol
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education and training seminar.
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[(3) The] (6) A seminar provider shall [collect the fee and forward it to the division.]:
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(a) obtain recertification by the division every three years;
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(b) ensure that an instructor used by the seminar provider:
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(i) follows the curriculum established under this section; and
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(ii) conducts an alcohol training and education seminar in accordance with the guidelines
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established by rule;
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(c) ensure that any information provided by the seminar provider or instructor of a seminar
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provider is consistent with:
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(i) the curriculum established under this section; and
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(ii) this section;
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(d) provide the division with the names of all persons who complete an alcohol training
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and education seminar provided by the seminar provider;
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(e) collect a fee for each person attending an alcohol training and education seminar in
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accordance with Subsection (2); and
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(f) forward to the division the portion of the fee that is equal to the amount described in
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Subsection (4)(h).
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(7) (a) If after a hearing conducted in accordance with Title 63, Chapter 46b,
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Administrative Procedures Act, the division finds that a seminar provider violates this section or
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that an instructor of the seminar provider violates this section, the division may:
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(i) suspend the certification of the seminar provider for a period not to exceed 90 days;
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(ii) revoke the certification of the seminar provider;
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(iii) require the seminar provider to take corrective action regarding an instructor; or
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(iv) prohibit the seminar provider from using an instructor until such time that the seminar
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provider establishes to the satisfaction of the division that the instructor is in compliance with
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Subsection (6)(b).
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(b) The division may certify a seminar provider whose certification is revoked:
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(i) no sooner than 90 days from the date the certification is revoked; and
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(ii) if the seminar provider establishes to the satisfaction of the division that the seminar
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provider will comply with this section.
Legislative Review Note
as of 1-8-01 5:16 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.