(A) All persons, corporations, associations, restaurants, businesses, clubs or other entities licensed or employed in the sales and service of alcoholic beverages, including the retail sale of alcoholic beverages by the package or drink, shall participate in and complete the responsible beverage training program sponsored by the Kentucky Alcoholic Beverage Control Commission Program or STAR.
(B) All persons, corporations, associations, restaurants, businesses, clubs or other entities licensed by the city for the sale of alcoholic beverages shall require all their employees who are engaged in the selling or serving of alcoholic beverages or the managing of premises on which such sales are offered to complete the responsible beverage service training class known as STAR.
(C) Divisions (A) and (B) above shall not apply to any manufacturer of alcoholic beverages as this term is defined in KRS 241.010 or any other person, corporation, association, business or other entity license for the wholesale of alcoholic beverages.
(D) Standards of certification.
(1) The training person or agency must reasonably instruct upon and certify the participants’ competence in at least the following:
(a) Pertinent federal, state and local laws related to the sale of alcohol;
(b) Verification of age, forms of identification and used methods of false or misleading age identification;
(c) The effect of alcohol on humans and the physiology of alcohol intoxication, including the effect of alcohol on pregnant women, their fetuses and other situations involving the use of alcohol by persons vulnerable to its effects;
(d) Recognition of the signs of intoxication;
(e) Strategies for intervention and prevention of underage and intoxicated persons from consuming alcohol;
(f) The licensee’s policies and guidelines, including the employee’s role in observing those policies; and
(g) Potential liability of persons serving alcohol.
(2) The person providing the responsible beverage service training shall be certified by the government agency, industry or organization that sponsors or develops the training curriculum.
(E) All persons required to undergo the training set forth in division (A) above shall complete the same within 60 days of the effective date of this chapter. New licensees, employees, officers and agents shall complete the mandatory responsible beverage service training within 60 days from the date of employment. Licensees, employees, officers or agents who fail to complete the mandatory responsible beverage service training within the prescribed time shall not sell or serve alcoholic beverages on the licensed premises until they have successfully completed the required training. All persons completing the training requirements in this section shall be recertified by the Mayor or his or her designee under the foregoing criteria not less than once every three years thereafter.
(F) Personnel certification records. Each licensee shall maintain written proof of completion of service training on its business premises for each person connected with its business for whom training is required under this chapter. Training records shall be retained by the licensee for a minimum of three years. Upon request of the Alcoholic Beverage Control Administrator, all licensees and other persons engaged in the sales or sendee of alcoholic beverages by the package or drink shall present proof of completion of the responsible beverage service training required herein.
(G) Penalties.
(1) No person, corporation, association, restaurant, business, club or entity holding a license for the sale of distilled spirits, wine and/or malt beverages by the package or drink shall intentionally, willfully, knowingly, or wantonly authorize, direct, permit, allow or cause any employee, officer or agent of the licensee who has not completed the mandatory service training required in this section, to sell or serve any alcoholic beverages to anyone on the licensed premises.
(2) Any person, corporation, licensee, association, restaurant, business, club or other entity or any employee thereof, found to be in violation of any section of this chapter, shall upon conviction thereof, be fined in an amount not to exceed $100; for subsequent violations within a two-year period and upon conviction thereof, a fine not to exceed $500. Each day a violation occurs shall constitute a separate offense.
(Ord. 2013-015, passed 12-9-13)