PRINTER'S NO. 53
No. 74 Session of 1999
INTRODUCED BY TULLI, JOSEPHS, TRUE, BAKER, BUXTON, M. COHEN,
BELARDI, GEIST, HARHAI, PESCI, READSHAW, ROSS, YOUNGBLOOD,
RAMOS, MELIO, SOLOBAY AND LEDERER, JANUARY 20, 1999
REFERRED TO COMMITTEE ON LIQUOR CONTROL, JANUARY 20, 1999
AN ACT
1 Requiring alcohol servers and sellers to attend responsible
2 alcohol service training; and imposing a penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Alcohol
7 Server Training Act.
8 Section 2. Legislative purpose.
9 The purpose of this act is to prevent intoxication-related
10 damages, injuries and deaths among and by the citizens of this
11 Commonwealth.
12 Section 3. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Alcohol." Ethyl alcohol of any degree of proof originally
17 produced by the distillation of any fermented liquid, whether
1 rectified or diluted with or without water, whatever may be the
2 origin thereof and shall include synthetic ethyl alcohol. The
3 term shall not mean or include ethyl alcohol, whether or not
4 diluted, that has been denatured or otherwise rendered unfit for
5 beverage purposes.
6 "Alcohol server or seller." Any person serving or selling
7 alcohol, spirits, wine or beer for consumption on or off of the
8 premises of a retail licensed facility as a regular requirement
9 of that person's employment.
10 "Board." The Pennsylvania Liquor Control Board.
11 "Trainer." A person certified by a State-approved training
12 entity to administer the responsible server education program to
13 alcohol servers or sellers.
14 "Training entity or program." The training required under
15 this act provided by the Pennsylvania Liquor Control Board
16 through the Bureau of Alcohol Education.
17 Section 4. Certification.
18 (a) Alcohol servers or sellers.--Within 60 days of initial
19 employment, alcohol servers or sellers in this Commonwealth
20 shall attend an approved alcohol training program and have a
21 certification card to serve alcohol. Alcohol servers or sellers
22 employed on the effective date of this act shall have 24 months
23 to meet the requirements of this act.
24 (b) Licensees.--All licensees, or a representative thereof
25 if the licensee is a management company, and managers of
26 licensed establishments shall attend an approved alcohol
27 training entity program.
28 Section 5. Cards.
29 (a) Issuance.--The board shall issue a card to alcohol
30 servers or sellers upon successful completion of the program.
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1 These cards will be valid permits for mixing, serving or selling
2 alcohol, spirits, wine or beer.
3 (b) Contents.--The cards shall contain the alcohol server's
4 or seller's name, address, Social Security number, the
5 expiration date of the card and the name of the training program
6 which the alcohol server or seller completed and which issued
7 the card.
8 (c) Validity.--The cards shall be valid for a period of
9 three years from the date of the completion of the course. The
10 cards shall expire on the first day of the month following the
11 month in which the class was taken.
12 Section 6. Recertification.
13 Alcohol servers or sellers shall be recertified and shall
14 attend another session in an approved program to be recertified.
15 Section 7. Program and training requirements.
16 (a) Minimum requirements.--The board shall approve
17 responsible alcohol server or seller education programs which,
18 at a minimum, include:
19 (1) Instruction on alcohol-related issues and
20 information covering:
21 (i) Physiological and behavioral effects of alcohol
22 use.
23 (ii) Blood alcohol content.
24 (iii) Laws affecting servers and sellers of alcohol.
25 (iv) Potential alcohol-related problems in
26 professional or social settings.
27 (v) Strategies for dealing with problem situations.
28 (vi) State-specific information and laws pertaining
29 to alcohol service.
30 (2) Interactive skills training with discussion,
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1 including:
2 (i) Focus on how to assess and evaluate situations
3 and behavior.
4 (ii) Discussion of effective and ineffective
5 intervention techniques.
6 (3) Role-playing section in which each participant is
7 provided at least one opportunity to practice new skills
8 through interaction with other participants or the trainer in
9 creation of real-life situations.
10 (4) Successful completion of a certification exam which
11 is graded by the program, not the trainer, to ensure quality
12 control. Successful completion is a score of 70% or higher.
13 (b) Composition of program.--The training program shall be
14 composed of discussion and feedback between participants, video
15 training to practice the skills training and a manual for each
16 participant which the participant shall keep to use as a
17 reference tool.
18 (c) Qualifications.--The board shall prepare qualifications
19 for trainer certification, including:
20 (1) Completion of a trainer workshop which is conducted
21 by an instructor who is certified by the training program and
22 employed by the Bureau of Alcohol Education.
23 (2) Successful completion of the workshop, including:
24 (i) Achieving a score of at least 70% on a written
25 examination.
26 (ii) Receiving a favorable evaluation by the
27 instructor regarding the participant's knowledge of and
28 ability to present course materials.
29 (d) Validity.--A trainer's certification shall be valid for
30 one year at which time the trainer shall be required to complete
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1 another examination or attend another workshop.
2 (e) Records.--The board shall maintain original records of
3 all examinations and certifications of participants in the
4 program.
5 (f) Time requirements.--Training programs shall have the
6 following minimum time requirements for employees:
7 (1) For on-premise establishments, three hours of
8 training.
9 (2) For off-premise establishments, two hours of
10 training.
11 (3) For concessionaires, two hours of training.
12 (4) For private clubs, country clubs, catered events and
13 banquet facilities, three hours of training.
14 Section 8. Employment prohibited.
15 A licensed establishment may not employ an alcohol server or
16 seller who has not complied with the requirements of this act.
17 Section 9. Recordkeeping.
18 (a) Maintenance of records.--Comprehensive records of an
19 individual's participation and successful completion of a
20 training program shall be maintained by the trainer. The trainer
21 shall maintain at least the following:
22 (1) The exams which each person took that reflect the
23 passing score.
24 (2) A record showing each participant in a class.
25 (b) Transmittal of copies.--The trainer shall transmit
26 copies of the records under this section to the board.
27 Section 10. Penalty.
28 A person or establishment who violates this act commits a
29 summary offense.
30 Section 11. Effective date.
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1 This act shall take effect July 1, 2000.
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