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1. No license shall be issued unless the applicant complies with the requirements of this subsection. All license applications (original or renewal) for liquor licenses shall be accompanied with proof of completion of a state certified beverage alcohol sellers and servers educational training (BASSET) program, as per 235 Illinois Compiled Statutes 5/3-12(a)(2), 5/3-12(a)(11), and 5/6-27 and regulated under the Illinois administrative code. This chapter shall require the following individuals, employed with or without compensation, to complete a BASSET program:
a. All persons with establishments holding a catering license, and all owners and/or their agents or management personnel acting on behalf of the owner. However, this chapter shall not require owners who are not usually on the premises performing duties directly involved with customer contact to be so trained.
b. All persons in an establishment holding a license who are engaged in the pouring, mixing or dispensing of alcohol, and any person who is engaged for the checking of identification for the entry into and/or purchase of alcoholic beverages in any establishment. Further, the local liquor control commissioner may require any waitstaff to be trained.
c. All persons in an establishment holding a license who are engaged in the pouring, mixing, or dispensing of alcohol.
d. All persons in an establishment holding a license who are engaged in the selling of alcohol for off premises consumption by customers, and any person who is engaged for the checking of identification for the entry into and/or purchases of alcoholic beverages in any licensed liquor establishment.
2. In all licensed premises, during all hours when alcoholic beverages may be purchased, at least one person who has completed BASSET training shall be required to be on the premises.
3. A "state certified BASSET training program" shall be defined as a BASSET program licensed by the state of Illinois department of alcoholism and substance abuse (DASA) as required by 235 Illinois Compiled Statutes 5/3-12(a)(2), 5/3-12(a)(11), and 5/6-27 and regulated under the Illinois administrative code. Providers of BASSET training shall be required to provide to each participant a photo identification card as proof of participation and have on file with the city clerk all licenses and certificates to prove current qualifications.
4. Any new employee, manager, or agent requiring BASSET training shall, within forty five (45) days from the beginning of his or her employment with the licensee, complete a BASSET program and shall, until completion of the BASSET program, work under the supervision of a person who has completed the BASSET training. Provided, that prior to the new employee, manager or agent commencement of duties, the licensee shall provide written notification to the local liquor control commissioner of the name of the employee, his position, and the starting date of employment, which shall be kept on file by the local liquor control commissioner. This exemption for any new employee, manager, or agent shall not apply unless said written notification has been given to and received by the local liquor control commissioner.
5. A photocopy of the certificate of completion for all employees, managers, or agents required by this chapter to have BASSET training shall be maintained by the establishment in a manner that will allow inspection upon demand by any agent of the local liquor control commissioner.
6. In addition to other penalties which may be imposed under this chapter, if a licensee is found to be violating any provision of this chapter, said licensee and his managers, employees, or agents may be required to again complete the BASSET training program.
7. From time to time, it may be necessary and advisable for licensees and their employees to be apprised of the requirements of this chapter and other laws affecting the conduct of retail businesses operating liquor businesses. The local liquor control commissioner, at his discretion, is hereby authorized to require the attendance of owners, managers, agents, bartenders, waitresses, and all employees of licensed premises at a training seminar or similar instructional program of not more than four (4) hours in length, to be presented by the local liquor control commissioner, or his agent. The local liquor control commissioner is further authorized to promulgate rules and regulations and issue certificates of attendance. Provided, that no individual shall be required to attend more frequently than once per year. Failure to attend, when required by the local liquor control commissioner, shall constitute a violation of this chapter.
B. Waiver Of Requirements:
1. New Licensees: The local liquor control commissioner may issue a temporary waiver of the BASSET requirement for a period not to exceed forty five (45) days for all new applicants for a license.
2. Employees Of Licensees:
a. The local liquor control commissioner may issue a temporary waiver of the BASSET requirement to any employee of a licensee otherwise required to attend BASSET training, provided the licensee has satisfied the following conditions:
(1) The licensee has trained sufficient personnel to ensure that at least one BASSET trained employee, owner or manager is on duty and within the premises at all times of operation.
(2) The licensee files a written petition with the local liquor control commissioner setting forth the names of the employees, managers, owners or agents that were unable to obtain the required training, their position, and proof of enrollment with a qualified BASSET provider to assure completion of the BASSET program at the earliest possible opportunity.
(3) The petition shall set forth in detail good cause for the failure of the employee, manager, owner or agent to comply with the training requirements in a timely manner.
(4) The petition shall set forth the date of employment of the individual for whom the temporary waiver is sought. Further, the licensee shall provide proof of the date of employment with the petition.
(5) The employee, owner or agent for which the temporary waiver is granted shall carry on his person written proof of said waiver at all times that he is engaged in his duties and shall exhibit same on request to any city enforcement personnel.
(6) Any employee, owner, manager, or agent for which the temporary waiver is granted shall, until completion of the BASSET program, work under the supervision of a person who has completed the BASSET training.
(7) The temporary waivers issued to any licensee shall not exceed the number of BASSET trained employees, owners or agents.
b. This exemption for a temporary waiver of the BASSET training requirements for any existing employee, manager, or agent shall not apply unless said written notification has been given to, received and approved by the local liquor control commissioner. Nothing herein shall be construed to create any right or expectation for the granting of a temporary waiver, which waiver shall be granted in the sole discretion of the local liquor control commissioner. The local liquor control commissioner may consider any relevant information in the granting or denial of any temporary waiver. (Ord. 16-O-12, 3-1-2016)