(A) All persons, corporations, companies, associations, restaurants, businesses, clubs and 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 a mandatory responsible beverage service training program approved by the City Manager or the City Manager's designee. Before approval is granted, the City Manager or his or her designee shall first be satisfied that the training program is genuine and effectively trains all participants in the recognition of false identification and age documents as well as the human characteristics of alcohol and/or drug intoxication. The city shall not require enrollment in any particular class or classes, but only require that the training be obtained from a recognized person, program or agency with a bona fide curriculum that meets the goals expressed herein.
(B) All persons, corporations, companies, associations, restaurants, businesses, clubs and other entities licensed by the city for the sale of alcoholic beverages shall require all their employees and other persons who are engaged in the selling or serving of alcoholic beverages or which are engaged in managing the premises on which such sales are offered, to complete a responsible beverage service training class approved by the City Manager or the City Manager's designee.
(C) Divisions (A) and (B) above shall not apply to any manufacturer of alcoholic beverages as this term is defined in KRS 241.010(30) or any other person, corporation, association, business or other entity licensed for the wholesale of alcoholic beverages.
(D) Standards for certification. The training person or agency must reasonably instruct upon and certify the participants' competence in at least the following:
(1) Pertinent federal, state and local laws related to the sale of alcohol;
(2) Verification of age, forms of identification and usual methods of false or misleading age identification;
(3) The effect of alcohol on humans and the physiology of alcohol intoxication, including the effect of alcohol on pregnant women, their unborn child and other situations involving the use of alcohol by persons vulnerable to its effects;
(4) Recognition of the signs of intoxication;
(5) Strategies for intervention and prevention of underage and intoxicated persons from consuming alcohol;
(6) The licensee's policies and guidelines, including the employee's role in observing those policies; and
(7) Potential liability of persons serving alcohol.
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) New licensees and their respective employees, managers, officers and agents who are required to complete the mandatory responsible beverage service training shall have 60 days from the date of the issuance of their initial license to complete the mandatory responsible beverage service training. New employees, managers, officers and agents shall complete the mandatory responsible beverage service training within 60 days from the date of employment or other like affiliation with the licensee. Licensees, employees, managers, 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 in responsible beverage service training from a program approved by the City Manager 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 section. Training records shall be retained by the licensee for a minimum of three years. Each licensee and other persons engaged in the sales or service of alcoholic beverages by the package or drink shall present proof of completion of the responsible beverage service training required herein, and in a format approved by the Alcoholic Beverage Control Administrator, by December 1 of each year and, additionally, upon the request of the Alcoholic Beverage Control Administrator at any other time throughout the year.
(G) No person, corporation, company, partnership, association, restaurant, business, club or other 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.
(Ord. 19-8, passed 12-12-19)