CHAPTER 168

FORMERLY

HOUSE BILL NO. 65

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF A RESPONSIBLE ALCOHOLIC BEVERAGE SERVER TRAINING PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Title 4 of the Delaware Code by adding thereto a new Chapter 12 which shall read as follows:

"Chapter 12. Delaware Responsible Alcoholic Beverage Server Training Program. §1201. Findings and declaration of policy.

It is determined and declared as a matter of legislative findings that:

(1) The irresponsible service and consumption of alcoholic beverages has had a significant adverse impact on highway safety, personal health and individual welfare and is not in the best interests of the citizens of this State;

(1) Commercial servers of alcoholic beverages who are licensed by the State of Delaware have a responsibility to ensure that their customers are served alcoholic beverages in a responsible and appropriate manner;

(1) Responsible server training programs have proven to be an effective means of addressing in a positive and constructive manner, the irresponsible and inappropriate service of alcoholic beverages by commercial establishments;

(1) The voluntary responsible alcoholic beverage server training program which has been conducted by the Delaware Alcoholic Beverage Control Commission staff has been well received by those licensed commercial servers of alcoholic beverages who have undergone the training;

(5)- A voluntary server training program cannot be as effective as a mandatory program which would reach all licensed commercial servers of alcoholic beverages for on-premises consumption;

(6) Such a mandatory training program should be provided to licensees and their employees at no cost so as to encourage their full support and participation; and

(7) The establishment of a mandatory responsible alcoholic beverage server training program will promote highway safety and the public health and welfare of the citizens of Delaware;

Therefore it is declared to be the policy of this State to promote the safety, health and welfare of its citizens by the establishment and operation of a mandatory responsible alcoholic beverage server training program pursuant to the provisions of this chapter.

§1202. Implementation.

(a) It shall be the responsibility of the Alcoholic Beverage Control Commission to establish by regulation training courses and materials, examinations and examination procedures, certification procedures, and enforcement procedures with respect to the implementation of a mandatory responsible alcoholic beverage server training program in Delaware.

(a) In establishing, implementing, certifying or otherwise approving any training program, the Alcoholic Beverage Control Commission and the Division of Alcoholic Beverage Control shall consult with and seek comment from industry groups affected by the program as well as other interested State agencies.

§1203. Applicability; on-premises licenses.

(a) Effective July 1, 1992 every person who holds any valid license issued by the Alcoholic Beverage Control Commission pursuant to this title which authorizes the sale of alcoholic beverages for on-premises consumption shall, upon request, be required to demonstrate that his employees who as part of his or her employment responsibilities sells, prepares, dispenses, serves, or otherwise delivers alcoholic beverages directly to patrons of the licensed establishment for on-premises consumption, or who manages employees who do, has successfully completed a responsible alcoholic beverage server training program recognized and approved by the Commission in accordance with the provisions of this chapter. Each licensee who participates directly in the management of the licensed establishment shall also be required to
successfully complete a responsible alcoholic beverage server training program recognized and approved by the Commission.

(b) Following July 1, 1992, every person who makes application for any license or for renewal of any valid license issued by the Alcoholic Beverage Control Commission pursuant to this title, which authorizes the sale of alcoholic beverages for on-premises consumption shall, as part of the application process, certify to the Commission that his employees who as part of his or her employment responsibilities sells, prepares, dispenses, serves or otherwise delivers alcoholic beverages directly to patrons of the licensed establishment for on-premises consumption, or who manages employees who do, has successfully completed a responsible alcoholic beverage server training program recognized and approved by the Commission in accordance with the provisions of this chapter. Each applicant who intends to participate
directly in the management of the licensed establishment shall also be required to successfully complete a responsible alcoholic beverage server training program recognized and approved by the Commission.

(c) The provisions of subsections (a) and (b) of this section shall not apply to license issued pursuant to sections 514 and 525 of this title.

§1204. Training standards and curriculum.

(a) In order to be recognized and approved by the Alcoholic Beverage Control Commission, a responsible alcoholic beverage server training program shall include, but need not be limited to, providing information related to the following:

(1) Alcohol as a drug and its effects on the body and behavior, especially as to driving ability;

(2) Effects of alcohol in combination with commonly used legal prescription or non-prescription drugs and illegal drugs;

(1) Recognizing the problem drinker and the identification of community treatment programs and agencies;

(1) Applicable Delaware alcoholic beverage control laws and Alcoholic Beverage Control Commission Rules;

(1) Delaware laws related to drinking and driving;

(1) Intervention techniques, involving methods of dealing with the problem customer who has had, or is approaching the point of having had, too much to drink;

(1) Advertising, promotion and marketing of alcoholic beverages for safe and responsible drinking patterns and standard operating procedures for dealing with customers.

(b) The Commission may by regulation provide additional training standards and curricula to be included within any responsible alcoholic beverage server training program as a condition to its being recognized and approved by the Commission.

(a) The Commission may provide a responsible alcoholic beverage server training program through trained personnel of the Division of Alcoholic Beverage Control or it may approve and certify such a training program or  programs to be provided through independent contractors, private persons or educational institutions.

(d) Anyone required to undergo training in accordance with the provisions of this chapter, who has within the previous four years successfully completed a responsible alcoholic beverage server training program which satisfies the requirements of the Commission, and is approved by the Commission, shall not be obligated to undertake additional training until such time as the person is required to undergo renewal training in accordance with §1205 of this chapter.

§1205. Certification and renewal training.

Every person who successfully completes an approved responsible alcoholic beverage server training program shall be certified by the Commission as having met the requirements of this chapter. Such certification shall be valid for a period of four years at which time the person must undergo renewal training in order to obtain recertification which shall also be valid for a period of four years. Renewal training shall include the information described in §1204 of the Chapter and/or such other information as the Commission may by regulation require.

§1206. Violations; penalties.

(a) The Commission may reprimand or impose an administrative fine against any licensee who intentionally violates any provision of this chapter or any regulation promulgated by the Commission pursuant thereto.

(b) The Commission may preclude any employee of a licensee who fails to comply with the applicable training requirements contained in this chapter or any regulation promulgated by the Commission pursuant thereto from working in any capacity in a licensed establishment until such time as it is provided with proof that the employee has successfully completed the applicable training requirements.

§1207. Enforcement.

The Alcoholic Beverage Control Commission shall be responsible for enforcement of this chapter and shall have exclusive original jurisdiction over all alleged violations of its provisions.

§1208. Training Program costs.

All costs associated with the implementation, administration and

enforcement of the requirements of this chapter shall be paid from a special fund entitled the 'Delaware Responsible Alcoholic Beverage Server Training Program Fund'. The Commission shall deposit $300.00 from each application process fee, collected pursuant to §554(k) of this title, into the Delaware Responsible Alcoholic Beverage Server Training Program fund. The Fund shall be a revolving fund and no funds deposited therein shall revert to the General Fund of the State Treasury. The Alcoholic Beverage Control Commission shall, on or before December 31 of each year, beginning December 31, 1991, make a report to the Governor of all income and expenditures made from said Fund. A copy of said reports shall be given biennially on or before December 31, to any member of the General Assembly who requests a copy. The commission shall deposit $200.00 from each application process fee, Collected pursuant to §554(x) of this title, into an account designated by the Department of Finance for the general fund of the State Treasury."

Section 2. Amend §554(x), Title 4, Delaware Code by deleting the figure "$200" as it appears therein and substituting in lieu thereof the figure 1500" and by adding the following at the end of said. subsection:

"Three Hundred Dollars ($300.00) of the application process fee shall be retained by the Commission and deposited in a special fund for the sole purpose of providing for the implementation, administration and enforcement of the Delaware Responsible Alcoholic Beverage Server Training Program established pursuant to Chapter 12 of this title.".

Section 3. The Alcoholic Beverage Control Commission shall present to the General Assembly on or before June 30, 1993 a report concerning the effectiveness of the Delaware Responsible Alcoholic Beverage Server Training Program. Among other things, the report shall contain recommendations as to whether employees of seasonal licensees, employees of licensees who serve alcoholic beverages only as incidental to food service and/or employees of licensees whose licenses permit the sale of alcoholic beverages solely for off—premises consumption should undergo the full training curriculum, provided for in this Act, an abbreviated curriculum, or some other method of training. The report should also contain recommendations with respect to standards and curricula for any alternative training program(s).

Section 4. Notwithstanding any provision of law specifying the frequency with which a licensee and/or his employees must successfully complete an approved responsible alcoholic beverage server training program, the Alcoholic Beverage Control Commission shall study and report to the General Assembly on or before June 30, 1993 on the most effective and reasonable frequency for completing such programs.

Approved July 15, 1991.