(1) Application for
Certification. Any entity or individual seeking to have a training program
certified shall complete and submit a written application on forms prescribed
by the Commission. The application shall disclose the following information:
(a) The complete identity of the entity
seeking to have the program certified, including the address, names of all
individuals responsible for server training, and the source of the curriculum
utilized by the entity.
1. If the entity is a
corporation, a copy of the corporate charter and/or certificate of authority is
required.
2. If the entity is a
partnership, a copy of the certificate filed with the Tennessee Secretary of
State's Office (if a limited partnership), copy of partnership agreement, or
other document evidencing formation of such partnership is required.
3. A listing of all officers' names and
corresponding titles for the applicant.
(b) Complete address of each proposed
location for such training at least seven (7) days prior to the training
session.
(c) A complete description
of the curriculum to be utilized in server training. To be certified a program
must offer a curriculum which, at a minimum, contains the following items:
1. The effect of alcohol on the human body
focusing upon these elements:
(i) A complete
review of blood alcohol content (BAC);
(ii) Absorption rates and factors affecting
the absorption of alcohol;
(iii) The
behavioral effects of alcohol: i.e., decrease in reaction and decision making
capability;
(iv) Interaction and
combined effects of mixing alcohol with legal and/or illegal drugs;
and
(v) Identification of possible
problem drinkers.
2.
Identifying situations in which server intervention is appropriate.
3. Handling people in a non-confrontational
manner. Communications and support from co-workers is necessary.
4. Suggested responses by servers to
situations involving the service of intoxicated and/or underage
persons.
5. A review of current
Tennessee laws, rules, and regulations promulgated by the Commission relating
to the sale and service of alcoholic beverages and the Alcohol Server
Responsibility and Training Act.
6.
A review of appropriate identification including acceptable driver's licenses,
military identification, passports, and other identification
cards.
(d) Training
Program Format.
1. Complete training programs
must be, at least, three and one-half (3 1/2) hours of instruction, excluding
breaks for attendees, in an accessible location. In-person training programs
may not be conducted in private homes.
2. The training program must provide printed
training materials to attendees. Once a program has been certified by the
Commission, the following statement shall be placed in bold type on the cover
sheet of such written materials or manuals: "This program has approved by the
Tennessee Alcoholic Beverage Commission as currently satisfying the
requirements contemplated by the Alcohol Server Responsibility and Training Act
of 1995."
3. The training program
must be supervised by qualified and trained instructors, who are present during
all training sessions.
4. At the
beginning of each training program, the certified trainer will advise attendees
that they may not meet the qualifications for a server permit if they are not
at least 18 years of age, have been convicted of any felony within eight (8)
years of the date of application, have been convicted of any statute involving
the sale of alcoholic beverages, beer, or Schedule I or II controlled
substances or any sex-related crime or embezzlement within the previous eight
(8) years, had a server permit or a similar permit revoked by the state, a
local jurisdiction, or a foreign jurisdiction within the prior five (5) years,
and/or had ownership interest in a license or permit that was revoked by the
issuing authority within the prior eight (8) years. The certified trainer will
refund any fee previously received by any attendee who advises they will not
continue with the class after hearing such restrictions.
5. Upon completion of the presentation, the
program must adequately test the comprehension and understanding of the
attendees. A passing score of at least seventy (70%) percent will be required
from each person attending the training before a certificate shall be
issued-unless the certified program requires a higher score.
6. Alcoholic beverages may not be consumed by
the instructor or any attendee during the training program.
(e) All Certified Training Programs shall
issue to any attendee who has successfully completed the program, a certificate
which includes the following information:
1.
Name of prospective server;
2. Name
of entity providing the training; and
3. Date on which the server-trainee
successfully completed the program.
(f) All Certified Training Programs shall
permit access to Commission representatives. Failure to permit access to a
Commission representative will result in the program licensee being required to
show cause to the Commission why its certification should not be
revoked.
(g) Each trainer shall
submit a Trainer's Questionnaire to the Commission and must satisfy the
requirements stated therein prior to the actual instruction of
individuals.
(h) Each program
applicant shall submit to the Commission a copy of all training materials
(including video or audio materials used for their program).
(i) Following the program completion, the
certified program instructor must provide the Commission a list of all servers
that have successfully completed the program-along with a fee of fifteen
dollars ($15.00) for each individual.
(2) Each applicant or program licensee
seeking to have an alcohol training program certified or renewed by the
Commission shall submit a non-refundable fee along with the completed
application according to the following schedule:
(a) In House Training Program -
$300.00;
(b) Public Training Program
- $700.00; or
(c) Law Enforcement
Program - $300.00.
(3)
Each instructor conducting alcohol awareness training classes must submit a one
hundred and fifty dollar ($150.00) certification fee to the Commission, along
with a completed questionnaire.
(4)
Renewal of Program Certification.
(a) Program
certification shall be valid for a period of one year from the date of
issue.
(b) To prevent interruption
of certification, the licensee must fulfill the following requirements prior to
expiration date:
1. Provide the Commission a
completed renewal application for certification to conduct a server training
course-which includes any amended or updated materials; and
2. Appropriate renewal
fee.
(5) Renewal
of Instructor Certification.
(a) Instructor
certification shall be valid for a period of one year from the date of
issue.
(b) To prevent a lapse in
certification, the instructor must fulfill the following requirements prior to
the expiration date:
1. Provide the Commission
an updated renewal application for certification; and
2. If the instructor is not a program
designated instructor, then the instructor must submit a one hundred dollar
($100.00) renewal fee to the Commission.
(6) Neither program nor instructor
certifications are transferable. Before a transfer of ownership of the program
occurs, that new entity must first make application for certification to the
Commission pursuant to the rules and regulations. The new business entity may
not begin training until certified by the Commission.