COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 104
(By Senator Unger)
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[Originating in the Committee on Labor;
reported February 18, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60-3A-3a; and to
amend said code by adding thereto a new section, designated
§60-7-9, all relating to requiring certain employees of
licensed private clubs and retail outlets selling alcoholic
beverages to take the techniques for education and alcohol
management course, the training for intervention procedures
course, alcohol awareness programs provided by the American
Hotel and Lodging Association or the National Restaurant
Association or other similar alcohol awareness education
courses provided or approved by the Alcohol Beverage Control
Commissioner; and providing rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60-3A-3a; and that
said code be amended by adding thereto a new section, designated
§60-7-9, all to read as follows:
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-3a. Mandatory training for retail outlet employees.
(a) Any point of sale employee of a retail outlet licensed
pursuant to the provisions of this article, who is hired on or
after July 1, 2010, shall participate in the techniques for
education and alcohol management program (TEAM), the training for
intervention procedures course (TIPS), alcohol awareness programs
provided by the American Hotel and Lodging Association or the
National Restaurant Association or other similar alcohol awareness
education programs provided or approved by the Commissioner, within
sixty days of commencing employment and every three years
thereafter. Any point of sale employee who was employed prior to
July 1, 2010, shall participate in one of the training programs
specified in this section or other similar programs provided or
approved by the Commissioner before July 1, 2011, and every three
years thereafter.
(b) The Commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this section.
ARTICLE 7. LICENSES TO PRIVATE CLUBS.
§60-7-9. Mandatory training for private club employees.
(a) Any employee of a private club licensed pursuant to the
provisions of this article, who serves alcohol and who is hired on
or after July 1, 2010, shall participate in the techniques for education and alcohol management program (TEAM), the training for
intervention procedures course (TIPS), alcohol awareness programs
provided by the American Hotel and Lodging Association or the
National Restaurant Association or other similar alcohol awareness
education programs provided or approved by the commissioner, within
sixty days of commencing employment and every three years
thereafter. Any employee who serves alcohol and who was employed
prior to July 1, 2010, shall participate in one of the training
programs specified in this section or other similar programs
provided or approved by the Commissioner before July 1, 2011, and
every three years thereafter.
(b) The Commissioner shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement the provisions of
this section.