A. Every licensee whose premises are within a geographical area developed pursuant to titles 14 and 15 of this code and within one mile from the boundaries of any such geographical area must have an employee on the premises at all hours liquor is distributed or consumed, who has completed a comprehensive training course of instruction consisting of not less than four (4) hours.
B. Each employee who serves alcoholic beverages or who performs security guard functions, or participates directly in the control of liquor service or distribution must complete a comprehensive training course of instructions consisting of not less than four (4) hours and must complete a refresher course every five (5) years.
C. The comprehensive training course will include, but not be limited to, teaching the clinical effects of alcohol on the human body; methods of identifying intoxicated persons; the liquor laws of the state and county; methods of preventing fights and disruptions of the peace; methods of restraining entry of minors into locations for which entry is prohibited; and preventing sales to and drinking of alcoholic liquor by minors. A score of seventy five percent (75%) correct is required for passing the course.
D. The training course must be a liquor server awareness training program approved by the board or its designee, which may include the program offered by TAM (techniques in alcohol management) or TIPS (training for intervention procedures). Any person teaching or offering such course must be certified every two (2) years from the date of their most recent certification by the board or its designee of their competence to administer such a course. Such certification of course competency shall be accomplished by the board's designee by a complete review of the course material, lesson presentation, and testing the instructors every two (2) years from the date of their most recent certification.
E. The person teaching such course must supply the board or its designee with a list of all persons completing the course within five (5) days thereof excluding holidays and weekends. Such list shall state the name and social security number of the person, place of employment, and date of certification.
F. The person teaching the liquor awareness course must supply all persons successfully completing the initial and each refresher course with a wallet size certification card with photograph (laminated in clear plastic) that states the name of the training course, the name of the person passing the course and their social security number, and the date the course was taken. The certification card or a copy of the certification card must be available during the work shift on the premises where the employee is serving, selling, or distributing alcoholic liquors for inspection by the sheriff, county or other government personnel. The certification card issued pursuant to this section shall not be defaced or modified by the employer or the holder of the certification card.
G. The license of any licensee other than a casino that does not comply with the requirements of this section within the time limits set are automatically suspended until compliance is shown. The board shall determine and charge a fee required to reimburse the designee department for the expense of certifying the competence of the program and its instructors.
H. The licensee must keep an updated list of the employees who have completed the course or passed the test required herein, and the date thereof. Failure to have a trained or tested employee with a valid certification on the premises as required herein, for the service, sale, or distribution of alcoholic liquor or failure to keep said list, or falsification thereof, shall be grounds for disciplinary action including, but not limited to, license revocation.
I. Any person selling, serving, distributing or giving away alcoholic liquors, or allowing or permitting the sale, service, distribution or consumption of alcoholic liquor on any premises under the control of any person, business, association, or organization without current certification pursuant to this chapter, or without having a manager, general manager, or employee who has filed with the sheriff proof of current certification by having passed the test or completed the course, or has failed to have a valid certification is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term of not more than six (6) months, or by any such combination of such fine or imprisonment. (Ord. 2008-04, 12-15-2008, eff. 7-1-2009)