Current through September 24, 2024
(1)
Complete training program must be at least (2) hours of instruction, excluding
breaks for attendees. Such training program must take place in a publicly
accessible location, but may take place on the certified responsible beer
vendor's premises. Training programs may not be conducted in private
homes.
(2) The training program
must provide either printed materials to attendees or make training materials
available online for review after completion of the training. 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 Tennessee Responsible
Vendor Act of 2006".
(3)
(a) At the beginning of each training
program, attendees shall be advised that they must meet the following
qualifications to be a certified clerk eligible to participate in the
responsible beer vendor program:
i. Be at
least 18 years of age;
ii. Must not
have been criminally convicted of any violation of the laws against possession,
sale, manufacture, or transportation of beer or other alcoholic beverages
within the past ten (10) years; and
iii. Must not have been convicted of any
crime involving moral turpitude within the past ten (10) years.
(b) A responsible beer vendor is
not required to perform criminal background checks on employees or clerks;
however, the responsible beer vendor should inquire on the application as to
any convictions the employee or clerk has had for the past ten years.
(4) Testing.
(a) Upon completion of the training, the
program must adequately test the comprehension and understanding of the
attendees. Testing should be sufficiently randomized and conducted in such a
manner as to prohibit prior knowledge of the answers by users. A passing score
of at least seventy (70) % percent will be required from each person attending
the training before a certificate may be issued-unless the certified beer
vendor program requires a higher score.
(b) Any attendee failing to attain this
passing score may contact the certified program licensee to schedule a second
examination within thirty (30) days. A second examination shall be provided to
the attendee by the responsible beer vendor program without additional
charge.
(c) If the second
examination is not scheduled and taken within this thirty day period, then the
attendee shall be required to attend a second training program in its entirety
and pass the test before being eligible to obtain the certificate. Nothing
herein shall act to extend the original sixty-one (61) day grace period from
the date of hire as a clerk.
(d)
Within twenty-one (21) calendar days of the training date, the certified
program must provide to the Commission a list of all clerks who have
successfully completed the program along with the vendor for which each clerk
completed the training.
(e) If the
certified program and responsible beer vendor are the same entity (i.e., if the
responsible beer vendor has an in-house certified program), then a single
notification to the Commission is sufficient.
(5) Alcoholic beverages may not be consumed
by the instructor or any attendee during the training program.
(6) All training must be conducted in a
professional manner: materials and comments may not be offensive in
nature.
(7)
(a) All Certified Responsible Beer Vendor
Training Programs shall issue a certificate of completion for any clerk who has
successfully completed the training. The original certificate of completion
shall be forwarded to the appropriate responsible beer vendor, and the clerk
successfully completing the training shall receive a copy. Each certificate of
completion shall include the following information:
1. Name and date of birth for
clerk;
2. Name of certified program
providing the training;
3. Date on
which the clerk successfully completed the program; and
4. Name and complete address of responsible
beer vendor receiving the certificate of completion.
(b) Any certified program or responsible beer
vendor offering or submitting a fraudulent , fake and/or altered certificate of
completion to a TABC representative or to the Commission shall subject their
certification to immediate disciplinary action-including, but not limited to,
summary suspension and revocation.
(8) All Certified Training Programs shall
permit access to Commission representatives. Failure to permit access to a
Commission representative will result in the program being required to show
cause to the Commission why its certification should not be revoked.
(9) A successful completion by a clerk of a
responsible beer vendor training conducted by a certified training program
within 61 days prior to the responsible beer vendor submitting its application
to the Commission shall be valid. However, such training is valid only for one
designated responsible beer vendor location.
Authority: T.C.A. §
57-5-605(b).
