Tenn. Comp. R. & Regs. 0100-09-.02 - APPLICATION/CERTIFICATION PROCESS
(1) Application for
Certification of a Responsible Beer Vendor Training Program. Any entity or
individual seeking to have a responsible beer vendor 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 identity of the applicant seeking to
have the program certified, including the address, names of all individuals
responsible for beer vendor training, and the source of the curriculum utilized
by the applicant.
1. If the applicant is a
corporation or LLC, a copy of the corporate charter, articles of organization,
and/or certificate of authority must be submitted.
2. If the applicant is a partnership, a copy
of the certificate filed with the Tennessee Secretary of State's Office (if a
limited partnership), or other document evidencing formation of such
partnership is required.
(b) Each program applicant shall submit to
the Commission a copy of all training materials (including video or audio
materials used for their program). A true and exact copy of the curriculum,
including tests, to be utilized in the responsible beer vendor training program
must also be submitted. Prior to any modifications to the training materials,
such proposed modifications shall be submitted to the Commission for approval.
To be certified, a responsible beer vendor program must offer a curriculum
which, at a minimum, contains the following items:
1. The effect of alcohol on the human body
focusing on these elements:
(i) The behavioral
effects of alcohol: i.e., decrease in reaction and decision making
capability;
(ii) Interaction and
combined effects of mixing alcohol with legal and/or illegal drugs;
and
(iii) Identification of
possible intoxicated customers.
2. Identifying situations in which clerk
intervention is appropriate.
3.
Handling situations and people in a non-confrontational manner and identifying
when support from co-workers is necessary.
4. Suggested responses by clerks to
situations involving intoxicated and/or underage persons.
5. A review of current Tennessee laws, rules,
and regulations promulgated by the Commission relating to the sale beer and/or
malt beverages and the Tennessee Responsible Vendor Act of 2006.
6. A review of appropriate identification
including acceptable driver's licenses, military identification, passports, and
other government issued photo identification cards; and
7. A review of how to identify fake and/or
altered identifications as described above.
8. Advising attendees that local ordinances
may exist affecting the sale of alcoholic and malt beverages.
(c) If the responsible beer vendor
training program conducts in-person training, then the program shall submit a
TABC questionnaire for each trainer conducting their class to the Commission.
Such completed questionnaire must be received by the Commission prior to that
trainer conducting classes.
(d) Any
other information requested by the Commission; and
(e) Appropriate certification fee.
(2) If the training program is
conducted through the use of the Internet or Intranet, then in addition to the
items required above, the training program must provide verification acceptable
to the Commission that the identity of the users may be
authenticated.
(3) Renewal of
Responsible Beer Vendor Training Program Certification.
(a) Responsible Beer Vendor Training Program
Certification shall be valid for a period of one year from the date of
issue.
(b) To prevent interruption
of certification, the responsible beer vendor training program must fulfill the
following requirements at least thirty (30) days prior to expiration date:
1. Submit to the Commission a completed
renewal application along with any amended or updated materials;
2. List of all current trainers;
3. Appropriate renewal fee.
(4) Application for
Certification of a Responsible Beer Vendor. Any entity or individual seeking to
become a certified responsible beer vendor shall complete and submit a written
application on forms prescribed by the Commission. The application shall
disclose the following information:
(a) The
identity of the applicant seeking to achieve responsible beer vendor status,
including the address, phone number, and any other information required by the
Commission.
1. If the applicant is a
corporation or LLC, a copy of the corporate charter and/or certificate of
authority must be submitted.
2. If
the applicant is a partnership, a copy of the certificate filed with the
Tennessee Secretary of State's Office (if a limited partnership), or other
document evidencing formation of such partnership is required.
(b) Names and identifying
information of all clerks employed-such information shall be submitted on forms
prescribed by the Commission;
(c)
Name of beer board issuing beer permit to applicant, beer board address, and
beer permit number;
(d) Any other
information requested by the Commission;
(e) Identification of training program used;
and
(f) Appropriate certification
fees.
(5) Application
for Renewal of Certification of Responsible Beer Vendor.
(a) Program certification shall be valid for
a period of one year from the date of issue.
(b) To prevent interruption of certification,
the responsible beer vendor must fulfill the following requirements at least
thirty (30) days prior to expiration date:
1.
Submit to the Commission a completed renewal application along with any amended
or updated materials; and
2. Each
responsible beer vendor shall submit at least thirty (30) days prior to the
expiration of the certification a renewal application; a current list of all
clerks and their hire dates (such shall be submitted on forms prescribed by the
Commission); the date that the certified clerks received their annual training;
and the appropriate certification fee.
(6) Neither program nor responsible beer
vendor certifications are transferable. Before a transfer of ownership can
occur, 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 and the vendor will not be certified by the Commission until
an application for certification is approved. Once the location is certified as
a responsible beer vendor, then the responsible beer vendor has 61 days to
train its clerks.
Notes
Authority: T.C.A. ยง 57-5-605(b).
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