in Subsection (2)(a)(i), (ii), or (iii); and
(ii) five years from the day on which the certificate is issued for an individual described
in Subsection (2)(a)(iv) or (v).
(3) (a) A licensee may not permit an individual who is not in compliance with Subsection
(2) to:
(i) serve or supervise the serving of alcoholic beverages to a customer for consumption
on the premises of the licensee;
(ii) engage in any activity that would constitute managing operations at the premises of a
licensee that engages in the retail sale of alcoholic beverages for consumption on the premises of
the licensee;
(iii) directly supervise the sale of beer to a customer for consumption off the premises of
an off-premise beer retailer licensee; or
(iv) sell beer to a customer for consumption off the premises of an off-premise beer
retailer licensee.
(b) A licensee that violates Subsection (3)(a) is subject to Section 32A-1-401.
(4) The division shall:
(a) (i) provide alcohol training and education seminars; or
(ii) certify one or more seminar providers;
(b) establish the curriculum for an alcohol training and education seminar that includes
the following subjects:
(i) (A) alcohol as a drug; and
(B) alcohol's effect on the body and behavior;
(ii) recognizing the problem drinker or signs of intoxication;
(iii) an overview of state alcohol laws related to responsible beverage sale or service, as
determined in consultation with the Department of Alcoholic Beverage Control;
(iv) dealing with the problem customer, including ways to terminate sale or service; and
(v) for those supervising or engaging in the retail sale of alcoholic beverages for
consumption on the premises of a licensee, alternative means of transportation to get the
customer safely home;
(c) recertify each seminar provider every three years;
(d) monitor compliance with the curriculum described in Subsection (4)(b);
(e) maintain for at least five years a record of every person who has completed an alcohol
training and education seminar;
(f) provide the information described in Subsection (4)(e) on request to:
(i) the Department of Alcoholic Beverage Control;
(ii) law enforcement; or
(iii) a person licensed by the state or a local government to sell alcoholic beverages;
(g) provide the Department of Alcoholic Beverage Control on request a list of any
seminar provider certified by the division; and
(h) establish a fee amount for each person attending an alcohol training and education
seminar that is sufficient to offset the division's cost of administering this section.
(5) The board shall by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act:
(a) define what constitutes under this section an individual who:
(i) manages operations at the premises of a licensee engaged in the retail sale of alcoholic
beverages for consumption on the premises of the licensee;
(ii) supervises the serving of alcoholic beverages to a customer for consumption on the
premises of a licensee;
(iii) serves alcoholic beverages to a customer for consumption on the premises of a
licensee;
(iv) directly supervises the sale of beer to a customer for consumption off the premises of
an off-premise retailer beer licensee; or
(v) sells beer to a customer for consumption off the premises of an off-premise beer
retailer licensee;
(b) establish criteria for certifying and recertifying a seminar provider; and
(c) establish guidelines for the manner in which an instructor provides an alcohol
education and training seminar.
(6) A seminar provider shall:
(a) obtain recertification by the division every three years;
(b) ensure that an instructor used by the seminar provider:
(i) follows the curriculum established under this section; and
(ii) conducts an alcohol training and education seminar in accordance with the guidelines
established by rule;
(c) ensure that any information provided by the seminar provider or instructor of a
seminar provider is consistent with:
(i) the curriculum established under this section; and
(ii) this section;
(d) provide the division with the names of all persons who complete an alcohol training
and education seminar provided by the seminar provider;
(e) (i) collect a fee for each person attending an alcohol training and education seminar in
accordance with Subsection (2); and
(ii) forward to the division the portion of the fee that is equal to the amount described in
Subsection (4)(h); and
(f) issue a certificate to an individual that completes an alcohol training and education
seminar provided by the seminar provider.
(7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
Administrative Procedures Act, the division finds that a seminar provider violates this section or
that an instructor of the seminar provider violates this section, the division may:
(i) suspend the certification of the seminar provider for a period not to exceed 90 days;
(ii) revoke the certification of the seminar provider;
(iii) require the seminar provider to take corrective action regarding an instructor; or
(iv) prohibit the seminar provider from using an instructor until such time that the
seminar provider establishes to the satisfaction of the division that the instructor is in compliance
with Subsection (6)(b).
(b) The division may certify a seminar provider whose certification is revoked:
(i) no sooner than 90 days from the date the certification is revoked; and
(ii) if the seminar provider establishes to the satisfaction of the division that the seminar
provider will comply with this section.
Amended by Chapter 382, 2008 General Session
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