Tenn. Comp. R. & Regs. 0100-08-.04 - CERTIFICATION OF TRAINING PROGRAM
(1) Application for
Certification. Any entity or individual seeking to have a training program
certified shall complete and submit a written application on forms prescribed
by the Commission . The application shall disclose the following information:
(a) The complete identity of the entity
seeking to have the program certified, including the address, names of all
individuals responsible for server training, and the source of the curriculum
utilized by the entity.
1. If the entity is a
corporation, a copy of the corporate character and/or certificate of authority
is required.
2. If the entity is a
partnership, a copy of the certificate filed with the Tennessee Secretary of
State's Office (if a limited partnership), copy of partnership agreement, or
other document evidencing formation of such partnership is required.
3. A listing of all officers' names and
corresponding titles for the applicant.
(b) Complete address of each proposed
location for such training at least seven (7) days prior to the training
session.
(c) A complete description
of the curriculum to be utilized in server training. To be certified a program
must offer a curriculum which, at a minimum, contains the following items:
1. The effect of alcohol on the human body
focusing upon these elements:
(i) A complete
review of blood alcohol content (BAC);
(ii) Absorption rates and factors affecting
the absorption of alcohol;
(iii)
The behavioral effects of alcohol: i.e., decrease in reaction and decision
making capability;
(iv) Interaction
and combined effects of mixing alcohol with legal and/or illegal drugs;
and
(v) Identification of possible
problem drinkers.
2.
Identifying situations in which server intervention is appropriate.
3. Handling people in a non-confrontational
manner. Communications and support from co-workers is necessary.
4. Suggested responses by servers to
situations involving the service of intoxicated and/or underage
persons.
5. A review of current
Tennessee laws, rules, and regulations promulgated by the Commission relating
to the sale and service of alcoholic beverages and the Alcohol Server
Responsibility and Training Act.
6.
A review of appropriate identification including acceptable driver's licenses,
military identification, passports, and other identification cards.
(d) Training Program Format.
1. Complete training program must be at least
five (5) hours of classroom instruction, excluding breaks for attendees. Such
training program must take place in a publicly accessible location. Training
programs may not be conducted in private homes.
2. The training program must provide printed
training materials to attendees. Once a program has been certified by the
Commission , the following statement shall be placed in bold type on the cover
sheet of such written materials or manuals: "This program has approved by the
Tennessee Alcoholic Beverage Commission as currently satisfying the
requirements contemplated by the Alcohol Server Responsibility and Training Act
of 1995."
3. The training program
must be supervised by qualified and trained instructors who are physically
present during all training sessions. Further, instructors must submit a
trainer questionnaire to the Commission prior to providing any
instruction.
4. At the beginning of
each training program, the certified trainer shall advise all attendees that if
they are not at least 18 years of age, and/or have been convicted of any felony
within four years of the date of application, and/or have been convicted of any
statute involving the sale of alcoholic beverages, beer, or Schedule I or II
controlled substances or any sex-related crime or embezzlement within the
previous eight (8) years, then they do not meet the qualifications for a server
permit. The certified trainer shall refund any fee previously received by any
attendee who does not continue with the class after hearing such
restrictions.
5. Upon completion of
the presentation, the program must adequately test the comprehension and
understanding of the attendees. A passing score of at least seventy (70%)
percent will be required from each person attending the training before a
certificate shall be issued-unless the certified program requires a higher
score.
6. Alcoholic beverages may
not be consumed by the instructor or any attendee during the training
program.
(e) All
Certified Training Programs shall issue to any attendee who has successfully
completed the program, a certificate which includes the following information:
1. Name of prospective server ;
2. Name of entity providing the training;
and
3. Date on which the
server -trainee successfully completed the program.
(f) All Certified Training Programs shall
permit access to Commission representatives. Failure to permit access to a
Commission representative will result in the program licensee being required to
show cause to the Commission why its certification should not be
revoked.
(g) Each trainer shall
submit a Trainer 's Questionnaire to the Commission and must satisfy the
requirements stated therein prior to the actual instruction of
individuals.
(h) Each program
applicant shall submit to the Commission a copy of all training materials
(including video or audio materials used for their program).
(i) Within twenty-one (21) calendar days of
the training date, the certified program instructor must provide to the
Commission a list of all servers who have successfully completed the program -
along with a fee of fifteen dollars ($15.00) for each individual.
(2) Each applicant or program
licensee seeking to have an alcohol training program certified or renewed by
the Commission shall submit a non-refundable fee along with the completed
application according to the following schedule:
(a) In House Training Program -
$300.00;
(b) Public Training
Program - $700.00; or
(c) Law
Enforcement Program - $300.00.
(3) Each instructor conducting alcohol
awareness training classes must submit a one hundred and fifty dollar ($150.00)
certification fee to the Commission , along with a completed
questionnaire.
(4) Renewal of
Program Certification.
(a) Program
certification shall be valid for a period of one year from the date of
issue.
(b) To prevent interruption
of certification, the licensee must fulfill the following requirements prior to
expiration date:
1. Provide the Commission a
completed renewal application for certification to conduct a server training
course - which includes any amended or updated materials; and
2. Appropriate renewal fee.
(5) Renewal of
Instructor Certification.
(a) Instructor
certification shall be valid for a period of one year from the date of
issue.
(b) To prevent a lapse in
certification, the instructor must fulfill the following requirements prior to
the expiration date:
1. Provide the Commission
an updated renewal application for certification; and
2. If the instructor is not a program
designated instructor, then the instructor must submit a one hundred dollar
($100.00) renewal fee to the Commission .
(6) Neither program nor instructor
certifications are transferable. Before a transfer of ownership of the program
occurs, that new entity must first make application for certification to the
Commission pursuant to the rules and regulations. The new business entity may
not begin training until certified by the Commission .
Notes
Authority: T.C.A. ยงยง 57-1-209;57-3-104(c)(4); 57-3-212(c); 57-3-710; 57-3-705(5); 57-4-201.
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