H. B. 2089

(By Delegate Douglas)
[Introduced February 14, 1997; referred to the
Committee on the Judiciary.]

A BILL to amend chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six-a, relating to requiring alcohol server permits.

Be it enacted by the Legislature of West Virginia:
That chapter sixty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six-a, to read as follows:
ARTICLE 6A. ALCOHOL SERVER PERMITS.
§60-6A-1. Definitions.
For purposes of this article, unless the context clearly requires otherwise, the following words and phrases, and any variations thereof required by the context, shall have the meanings ascribed to them in this section:
(1) "Alcohol server" means any person serving or selling alcoholic liquor or nonintoxicating beer for on-premises consumption at a private club or at a retail dealer's place of business as a regular requirement of his or her employment.
(2) "Private club" means a private club as defined by the provisions of section two, article seven of this chapter.
(3) "Retail dealer" means a Class A retailer licensed to sell nonintoxicating beer at retail for consumption on or off the licensed premises, in accordance with the provisions of section nine, article sixteen, chapter eleven of this code.
(4) "Training entity" means any association of private club licensees or nonintoxicating beer licensees, independent contractors, private persons, or private or public schools, that have been certified by the commissioner.
§60-6A-2. Alcohol server permit required.
(a) (1) Each manager or bartender selling or mixing alcohol liquor or nonintoxicating beer for consumption on the premises of a private club or a retail dealer shall have an alcohol server permit, known as a Class I permit.
(2) A person who only sells alcohol liquor or nonintoxicating beer for consumption on the premises of a private club or a retail dealer shall have an alcohol server permit, known as a Class II permit.
(3) Under conditions established by the commissioner by legislative rule promulgated in accordance with the provisions of chapter twenty-nine-a of this code, a Class II permit holder may be allowed to act as a bartender without holding a Class I permit.
(b) (1) Effective the first day of July, one thousand nine hundred ninety-eight, except as provided in subdivision (4) of this subsection, every person employed, under contract or otherwise, by a private club or retail dealer, who as part of his or her employment participates in any manner in the sale or service of alcoholic beverages for on-premises consumption shall have issued to them a Class I or Class II permit.
(2) Every Class I or Class II permit issued shall be issued in the name of the applicant and no other person may use the permit of a permit holder. The holder shall present the permit upon request for inspection by a representative of the commissioner. The Class I or Class II permit shall be valid for employment at any private club or retail dealer.
(3) No private club licensee or retail dealer, except as provided in subdivision (4) of this subsection, may employ or accept the services of any person to participate in the sale or service of alcoholic liquor or nonintoxicating beer for on- premises consumption without the person first having a valid Class I or Class II permit.
(4) Within sixty days after his or her initial employment, every person whose duties include the mixing, sale, service or handling of alcoholic liquor or nonintoxicating beer for consumption on the premises of a private club or a retail dealer shall have a Class I or Class II permit.
(c) A permit issued by a training entity pursuant to this article is valid for employment at any private club or retail dealer for a period of five years, unless sooner suspended or revoked by the commissioner. The commissioner may, in accordance with the provisions of chapter twenty-nine-a of this code, propose a legislative rule or rules whereby the commissioner may enter into reciprocal agreements with sister states to recognize server training programs offered by such states for purposes of meeting the training requirements of this article.
(d) The commissioner may refuse to issue a permit or may suspend or revoke an existing permit if any of the following occur:
(1) The applicant or permittee has been convicted of violating any of the state or local laws of this state pertaining to the sale of alcoholic liquor or nonintoxicating beer for consumption on the premises of a private club or a retail dealer or has been convicted at any time of a felony; or
(2) The permittee has performed or permitted an act that constitutes a violation of this article or of a rule promulgated by the commissioner.
(e) The suspension or revocation of a permit under this section does not relieve a private club licensee or retail dealer from responsibility for any act of an employee or agent while employed upon the premises. The commissioner may, as appropriate, suspend or revoke either the alcohol server permit of the employee who committed the violation or the license of the private club or retail dealer upon whose premises the offense occurred, or both the permit and the license. The commissioner may consider the proper permitting of employees in mitigation of sanctions for an employee's illegal sale of an alcoholic beverage.
(f) After the first day of July, one thousand nine hundred ninety-eight, it is a violation of this article for any private club licensee or retail dealer to employ in the sale or service of alcoholic liquor or nonintoxicating beer for on-premises consumption, any person who does not have a valid alcohol server permit or whose permit has been revoked, suspended or denied.

§60-6A-3. Alcohol server education program for Class I permittees.

(a) The commissioner shall regulate a required alcohol server education program for Class I permittees that includes:
(1) Development of the curriculum and materials for the education program;
(2) Examination and examination procedures;
(3) Certification procedures, enforcement policies and penalties for education program instructors and providers;
(4) The curriculum for an approved Class I alcohol server permit training program that includes, but is not limited to, the following subjects:
(A) The physiological effects of alcohol including the effects of alcohol in combination with drugs;
(B) Liability and legal information;
(C) Driving while intoxicated;
(D) Intervention with the problem customer, including ways to stop service, ways to deal with the belligerent customer and alternative transportation for intoxicated customers;
(E) Methods for checking proper identification of customers;
(F) Nationally recognized programs, such as TAM ("Techniques in Alcohol Management") and TIPS ("Training for Intervention Programs") modified to include West Virginia law and regulations.
(b) The commissioner shall provide the program described in subsection (a) of this section through training entities.
(c) Each training entity shall provide a Class I permit to a manager or bartender who has successfully completed a course certified by the commissioner. A list of the persons receiving the Class I permit shall be forwarded to the commissioner on the completion of each course given by the training entity.
(d) The commissioner may require all permittees to attend additional meetings at least annually or such other schedule of meetings as may be approved by the commissioner, which meetings may include the dissemination of existing and new information covering the applicable subjects specified in this section and explaining the vendor's policies and procedures relating to those subjects.
(e) All training must be available in the county in which the applicant resides.
§60-6A-4. Training for Class II permittees.
(a) After the first day of July, one thousand nine hundred ninety-eight, the commissioner shall require all alcohol servers applying for a Class II permit to view a video training session. Private club licensees and retail dealers shall fully compensate employees for the time spent participating in this training session.
(b) When requested by a private club licensee or a retail dealer, the commissioner shall provide copies of videotaped training programs that have been produced by private vendors and make them available for nominal fees to cover the cost of purchasing and shipment.
(c) Each training entity may provide the commissioner with a video program of not less than one hour that covers the subjects described in subdivision (4), subsection (a), section three of this article.
(d) Applicants shall be given a Class II permit upon the successful completion of the program.
(e) A list of the individuals receiving the Class II permit shall be forwarded to the commissioner on the completion of the video training program.
(f) The commissioner may require all permittees to attend additional meetings at least annually or such other schedule of meetings as may be approved by the commissioner, which meetings may include the dissemination of existing and new information covering the applicable subjects specified in this section and explaining the vendor's policies and procedures relating to those subjects.
(g) All training must be available in the county in which the applicant resides.

NOTE: This bill requires persons selling or mixing alcoholic beverages to acquire an alcohol servwer permit; requirements for Class I and Class II permits; definitions; training requirements.

This article is new; therefore, strike-through and underscoring have been omitted.