Ariz. Admin. Code § R19-1-103 - A.r.s. Title 4 Training Course: Minimum Standards
A. As authorized by A.R.S. §
4-112(G)(2), the Department establishes the following minimum standards for an A.R.S. Title
4 training course.
1. A provider of a
training course shall ensure that course content, training materials, and
examination provide current reference and practical application of statute and
this Chapter for:
a. Basic liquor law
applicable to an on-sale retail licensee,
b. Management training applicable to an
on-sale retail licensee,
c. Basic
liquor law applicable to an off-sale retail licensee, and
d. Management training applicable to an
off-sale retail licensee;
2. A provider of a Basic On-sale training
course shall ensure that the course is a minimum of three hours, excluding
sign-in and break times, and course content includes the following topics:
a. General law regarding spirituous liquor.
i. Review of requirements for licensees and
employees in Title 4 and this Chapter,
ii. Role and function of the Arizona
Department of Liquor Licenses and Control,
iii. Potential legal risks to an on-sale
retail licensee,
iv. Potential
legal risks to an employee of an on-sale retail licensee,
v. Distinction between off- and on-sale
license privileges, and
vi. Types
and privileges of on-sale retail licenses,
b. Law regarding a licensed premises.
i. The licensed premises defined;
ii. Entertainment within or on the licensed
premises, private parties, special events, or gambling;
iii. Spirituous liquor brought onto or
removed from the licensed premises; and
iv. Extending or changing the licensed
premises.
c. Law
regarding age.
i. Selling spirituous liquor
to persons of legal age;
ii. When
to require identification of legal age;
iii. Recognizing acceptable forms of
identification;
iv. Recognizing
invalid forms of identification;
v.
Documenting identification inspection by using an ID Log;
vi. Underage individuals in a bar or
restaurant at which spirituous liquor is served;
vii. The Covert Underage Buyer Program;
and
viii. Refusing to sell
spirituous liquor to an underage individual using policy, procedure, and skill
assessment;
d. Law
regarding intoxication.
i. The effects of
spirituous liquor and recognizing signs of obvious intoxication;
ii. Responsibility for the safety of
customers;
iii. Service limitations
of spirituous liquor at a licensed premises, special event, or sampling
event;
iv. Monitoring customer
consumption and intervention techniques using skill assessment; and
v. Refusing spirituous liquor service or sale
to an intoxicated individual using policy, procedure, and skill
assessment;
e. Law
regarding second-party sales of spirituous liquor.
i. Definition of second-party sale,
ii. Licensee responsibilities regarding
second-party sales,
iii.
Recognizing a second-party purchaser,
iv. Preventing a second-party sale,
and
v. Refusing to sell to a
second-party purchaser;
f. Employee consumption of spirituous
liquor;
g. Law regarding legal
hours of sale and payment for spirituous liquor at retail locations;
h. Disorderly conduct and acts of violence.
i. Defining disorderly conduct and acts of
violence;
ii. Maintaining order on
the licensed premises using policy, procedures, and skill assessment;
iii. Locating forms and reporting
requirements for an act of violence;
iv. Repeated acts of violence; and
v. Firearms on the licensed
premises;
i. Management
of problem situations.
i. Kinds of problem
situations that may arise,
ii.
Recognizing a problem situation, and
iii. Employee responsibilities in a problem
situation; and
j. Course
review.
i. Summarize course
content,
ii. Administer to all
participants the examination required under subsection (A)(10),
iii. Have all participants complete the
Course Evaluation Form required under subsection (A)(9), and
iv. Issue to qualifying participants the
Certificate of Completion required under subsection (A)(11).
3. A provider of a
Management On-sale training course shall ensure that the course is a minimum of
two hours, excluding sign-in and break times, is preceded by the Basic On-sale
training course outlined in subsection (A)(2), and management content includes
the following topics:
a. Making changes to and
deactivating a liquor license.
i. Liquor
license application requirements;
ii. The "capable, qualified, and reliable"
requirements for licensure;
iii.
Definition of controlling person, types of ownership, and ownership that is
unlawful;
iv. Local government
approval of liquor license application, including an application for a special
event;
v. Distinction between the
Director and the Board; and
vi.
License application protests, requirements, and procedure;
b. Law enforcement regarding spirituous
liquor.
i. Routine liquor inspection of
premises,
ii. Common liquor law
violations,
iii. Compliance
meetings and actions,
iv. Office of
Administrative Hearings,
v. Grounds
for suspension or revocation,
vi.
Administrative liability,
vii.
Criminal liability, and
viii. Civil
liability;
c. Licensed
premises.
i. Diagramming licensed premises,
including hotel and motel locations;
ii. Altering licensed premises;
iii. Changing name of business;
iv. Patio requirements; and
v. Unlicensed locations;
d. Liquor license.
i. Posting the liquor license,
ii. Required and optional signs,
iii. Renewing license,
iv. Recordkeeping requirements,
v. Employee log, and
vi. Change in active or nonuse
status;
e. Management
requirements.
i. Defining on-site manager,
responsibilities, and completion of the required questionnaire;
ii. Managing employee and customer
safety;
iii. Changing
managers;
iv. Changing
agents;
v. Restructure;
and
vi. Locating forms and required
reporting;
f. Spirituous
liquor marketing.
i. Coupons and
rebates,
ii. Happy hour,
iii. Advertising and signage, and
iv. Promotional and novelty items;
g. General business practices.
i. Sources of spirituous liquor;
ii. Credit purchase of spirituous
liquor;
iii. Delivering, shipping,
and internet selling of spirituous liquor;
iv. Off-premise storage of spirituous
liquor;
v. Wholesaler and retailer
relationship and inducements;
vi.
Sampling events of spirituous liquor;
vii. Special events and auction of spirituous
liquor;
viii. Wine and food
clubs;
ix. Cooperative purchase of
spirituous liquor,
x. Locking
entrance to licensed premises and private parties,
xi. Limiting service to and consumption of
spirituous liquor by employees, and
xii. Owner service and consumption of
spirituous liquor;
h.
Disorderly conduct and acts of violence. The information specified under
subsection (A)(2)(h) and management responsibilities; and
i. Course review. The activities specified
under subsection (A)(2)(j).
4. A provider of a Basic Off-sale training
course shall ensure that the course is a minimum of two hours, excluding
sign-in and break times, and course content includes the following topics:
a. General law regarding spirituous liquor.
i. The information specified under
subsections (A)(2)(a)(i) and (ii),
ii. Potential legal risks to an off-sale
retail licensee,
iii. Potential
legal risks to an employee of an off-sale retail licensee, and
iv. Types and privileges of off-sale retail
licenses;
b. Law
regarding a licensed premises. The information specified under subsections
(A)(2)(b)(i), (ii), and (iv);
c.
Law regarding age. The information specified under subsections (A)(2)(c)(i)
through (v) and (vii) and (viii);
d. Law regarding intoxication. The
information specified under subsections (A)(2)(d)(i) through (iii), and
(v);
e. Law regarding second-party
sales of spirituous liquor. The information specified under subsections
(A)(2)(e);
f. Employee consumption
of spirituous liquor.
g. Law
regarding legal hours of sale.
i. Legal hours
of sale in Arizona, and
ii.
Refusing an after-hour sale using skill assessment;
h. Law regarding sale of broken packages and
on-premises consumption.
i. Definition of
broken package and on-premises consumption,
ii. Advising a customer of off-sale
consumption restrictions using skill assessment,
iii. Refusing to allow a customer to open or
consume spirituous liquor on the licensed premises using skill assessment,
and
iv. Refusing to allow a
customer to consume spirituous liquor in parking area or property adjacent to
licensed premises using skill assessment;
i. Disorderly conduct and acts of violence.
The information specified under subsection (A)(2)(h);
j. Management of problem situations. The
information specified under subsections (A)(2)(i); and
k. Course review. The activities specified
under subsection (A)(2)(j).
5. A provider of a Management Off-sale
training course shall ensure that the course is a minimum of two hours,
excluding sign-in and break times, and is preceded by the Basic Off-sale
training course outlined in subsection (A)(4), and management content includes
the following topics:
a. Making changes to
and deactivating a liquor license. The information specified under subsection
(A)(3)(a);
b. Law enforcement
regarding spirituous liquor. The information specified under subsection
(A)(3)(b);
c. Licensed premises.
The information specified under subsection (A)(3)(c);
d. Liquor license. The information specified
under subsection (A)(3)(d);
e.
Management requirements. The information specified under subsection
(A)(3)(e);
f. Spirituous liquor
marketing. The information specified under subsections (A)(3)(f)(i), (iii), and
(iv);
g. General business
practices.
i. The information specified under
subsections (A)(3)(g)(i) through (vii) and (ix) though (xii), and
ii. Drive-through purchase of spirituous
liquor;
h. Disorderly
conduct and acts of violence. The information specified under subsection
(A)(2)(h) and management responsibilities; and
i. Course review. The activities specified
under subsection (A)(2)(j).
6. A provider of a Basic Off-sale with
On-sale Privileges training course shall ensure that the course addresses the
topics specified under subsections (A)(2) and (4).
7. A provider of a Management Off-sale with
On-sale Privileges training course shall ensure that the course addresses the
topics specified under subsections (A)(3) and (5).
8. A provider of a management training course
shall ensure that a sign-in roster is completed and provides the following
information:
a. Name of the course
provider,
b. Date on which the
course was conducted,
c. Location
at which the course was conducted,
d. Name of individual who taught the
course,
e. Printed name and
signature of each participant, and
f. Form of identification accepted by the
provider to verify each participant's identity and the number and expiration
date of the identification;
9. The Department shall provide a training
provider with a Course Evaluation Form that allows a course participant to
evaluate the knowledge and competence of the course trainer and the quality of
the course.
10. A provider of a
training course shall administer an objective examination to measure each
participant's completion of the course.
11. The Department shall provide a training
provider with an authorized Certificate of Completion form to issue to each
participant who attends the course in its entirety, takes the examination
required under subsection (A)(10), and completes the Course Evaluation form
required under subsection (A)(9). The Department shall ensure that the
Certificate of Completion contains the following information:
a. Name of the participant who completed the
course,
b. Date on which the course
was attended,
c. Notice that the
Certificate of Completion expires three years from the date of
issuance,
d. Whether the completed
course addressed on-sale or off-sale retail requirements or a combination of
both,
e. Whether the completed
course addressed basic or management information or a combination of
both,
f. Name of individual who
taught the training course, and
g.
Name of the course provider.
12. A provider of a training course shall:
a. Maintain for two years:
i. A record of all Certificates of Completion
issued under subsection (A)(11),
ii. Course Evaluation Forms completed by
participants as required under subsection (A)(9),
iii. Examination results for each course
participant as required under subsection (A)(10), and
iv. Course sign-in rosters required under
subsection (A)(8); and
b. Submit to the Department by August 1 of
each year, either by mail or electronically, an updated syllabus, examination,
and other course materials for each training course provided. The provider
shall ensure that the updated syllabus, course materials, and examination
clearly indicate:
i. Whether the course is
on-sale, off-sale, or a combination of both;
ii. Whether the course is basic or basic plus
management;
iii. The name of each
trainer authorized by the provider to teach each course;
iv. A list of individuals who are no longer
authorized by the provider to teach its courses; and
v. The name, daytime telephone number, and
e-mail address of the person responsible for the course provider.
B. Before
providing a training course to participants, the provider of the training
course shall apply to the Department for approval of the course
content.
C. The provider of an
approved training course shall, upon request, make the following available to
the Department:
1. Record of the Certificates
of Completion maintained under subsection (A)(11);
2. All current training course syllabi,
course materials, examinations, and Employee Information Forms;
3. A copy of all materials provided to course
participants;
4. A copy of all
teaching aids used in the training course; and
5. A copy of the Course Evaluations Forms
completed under subsection (A)(9).
D. The Department may, at any time, review an
approved training course to determine that the course continues to meet the
minimum standards specified in this Section. A provider shall inform the
Department, upon request, of the date, time, and location of all scheduled
training courses and allow the Department to audit the courses for:
1. Compliance with this Section,
and
2. Quality and accuracy of the
training course content.
E. If the Department determines that a
training course fails to meet the minimum standards specified in this Section,
the Department shall give notice to the course provider regarding the areas of
non-compliance, the steps required to be in compliance, and the date by which
compliance must be achieved.
F. If
the Department determines that a provider who received notice under subsection
(E) failed to achieve compliance by the date specified, the Department may take
action to suspend or revoke approval of the training course.
G. This Section is authorized by A.R.S.
§
4-112(G)(2).
Notes
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