CHAPTER 1.5. CERTIFICATION OF ALCOHOL SERVER TRAINING PROGRAMS
IC 7.1-3-1.5
Chapter 1.5. Certification of Alcohol Server Training Programs
IC 7.1-3-1.5-1
"Alcohol server"
Sec. 1. As used in this chapter, "alcohol server" means thefollowing:
(1) A person who works on the licensed premises of a retailerpermittee as a:
(A) manager;
(B) bartender; or
(C) waiter or a waitress.
(2) A person who works on the licensed premises of a dealerpermittee as a:
(A) manager; or
(B) sales clerk.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-1.2
"Applicant"
Sec. 1.2. As used in this chapter, "applicant" means a person whoapplies for a trainer certificate under this chapter to train:
(1) alcohol servers; and
(2) individuals who plan to become certified trainers;
on the selling, serving, and consumption of alcoholic beverages.
As added by P.L.165-2006, SEC.5.
IC 7.1-3-1.5-1.3
"Certified trainer"
Sec. 1.3. As used in this chapter, "certified trainer" means aperson who is issued a trainer certificate under section 4.6 of thischapter.
As added by P.L.165-2006, SEC.6.
IC 7.1-3-1.5-2
"Dealer permittee"
Sec. 2. As used in this chapter, "dealer permittee" means a personwho holds a liquor dealer permit under IC 7.1-3-10 for a packageliquor store.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-3
"Program"
Sec. 3. As used in this chapter, "program" refers to a programdesigned to educate an alcohol server on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-4
"Retailer permittee"
Sec. 4. As used in this chapter, "retailer permittee" means aperson who holds a:
(1) beer retailer's permit under IC 7.1-3-4;
(2) liquor retailer's permit under IC 7.1-3-9; or
(3) wine retailer's permit under IC 7.1-3-14.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-4.2
"Server certificate"
Sec. 4.2. As used in this chapter, "server certificate" means acertificate issued by the commission under this chapter to anindividual who completes a program established or approved undersection 6 of this chapter.
As added by P.L.165-2006, SEC.7.
IC 7.1-3-1.5-4.3
"Server program"
Sec. 4.3. As used in this chapter, "server program" refers to aprogram designed to educate an alcohol server on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
As added by P.L.94-2008, SEC.14.
IC 7.1-3-1.5-4.4
"Trainer certificate"
Sec. 4.4. As used in this chapter, "trainer certificate" means acertificate issued by the commission under this chapter to anapplicant who meets the requirements under section 4.6 of thischapter.
As added by P.L.165-2006, SEC.8.
IC 7.1-3-1.5-4.5
"Trainer program"
Sec. 4.5. As used in this chapter, "trainer program" refers to aprogram designed to educate an individual on the training of alcoholservers on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
As added by P.L.94-2008, SEC.15.
IC 7.1-3-1.5-4.6
Trainer certificate; requirements
Sec. 4.6. The commission shall issue a trainer certificate to anapplicant who: (1) files the application and pays the fees established by thecommission under section 5 of this chapter;
(2) completes a program established or approved under section5.5 of this chapter; and
(3) meets the requirements under this chapter and rules adoptedby the commission.
As added by P.L.165-2006, SEC.9. Amended by P.L.94-2008,SEC.16.
IC 7.1-3-1.5-4.8
Certified trainer; authorized activities
Sec. 4.8. A certified trainer may train alcohol servers on theselling, serving, and consumption of alcoholic beverages.
As added by P.L.165-2006, SEC.10. Amended by P.L.94-2008,SEC.17.
IC 7.1-3-1.5-5
Rules
Sec. 5. The commission shall adopt rules under IC 4-22-2 toestablish:
(1) an application form;
(2) standards; and
(3) fees;
for certification under this chapter.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.11.
IC 7.1-3-1.5-5.5
Trainer program; approval
Sec. 5.5. (a) Subject to subsection (b), the commission mayapprove a trainer program by a third party that is designed to educateindividuals on the training of alcohol servers on the selling, serving,and consumption of alcoholic beverages.
(b) The commission may not approve a trainer program by a thirdparty that holds or has an interest in any of the following permits:
(1) A primary source of supply permit.
(2) A beer, wine, or liquor wholesaler's permit.
(3) A beer, wine, or liquor retailer's permit.
(4) A beer, wine, or liquor dealer's permit.
(c) In approving a trainer program under this section, thecommission may consider the following factors:
(1) The needs of applicants.
(2) The geographical distribution of the third parties' locationsin Indiana.
(3) The adequacy of the facilities where the trainer program willbe conducted.
As added by P.L.94-2008, SEC.18.
IC 7.1-3-1.5-6
Server program requirements Sec. 6. (a) The commission shall:
(1) establish a server program; and
(2) approve a server program established by a third party thatmeets the requirements of this chapter;
that is designed to educate alcohol servers on the selling, serving, andconsumption of alcoholic beverages.
(b) A server program established or approved under subsection (a)must include the following:
(1) Training by an instructor who:
(A) has knowledge in the subject areas described in thissection; and
(B) is a certified trainer under this chapter.
(2) Information on specific subject areas as required by thecommission.
(3) A minimum of at least two (2) hours of training to completethe program.
(4) Information on:
(A) state laws and rules regarding the sale and service ofalcoholic beverages;
(B) the classification of alcohol as a depressant and theeffect of alcohol on the human body, particularly on theability to drive a motor vehicle;
(C) the effects of alcohol:
(i) when taken with commonly used prescription andnonprescription drugs; and
(ii) on human behavior;
(D) methods of:
(i) identifying and refusing to serve or sell alcoholicbeverages to an underage or intoxicated person; and
(ii) handling situations involving an underage orintoxicated person;
(E) methods for properly and effectively:
(i) checking the identification of an individual;
(ii) identifying an illegal identification of an individual;and
(iii) handling situations involving individuals who haveprovided illegal identification;
(F) security and law enforcement issues regarding the saleand service of alcoholic beverages; and
(G) recognizing certain behavior to assess the amount ofalcohol an individual:
(i) has consumed; and
(ii) may safely consume.
(5) One (1) or both of the following:
(A) A written test.
(B) An oral test.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.12; P.L.94-2008, SEC.19.
IC 7.1-3-1.5-7
Repealed
(Repealed by P.L.165-2006, SEC.40.)
IC 7.1-3-1.5-8
Trainer certificate expiration and renewal
Sec. 8. (a) A trainer certificate issued under this chapter expiresthree (3) years after the date the trainer certificate was issued.
(b) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews apermit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews apermit described in section 4 of this chapter;
of the renewal requirements for a trainer certificate under thischapter.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.13.
IC 7.1-3-1.5-9
Trainer certificate renewal requirements
Sec. 9. To renew a trainer certificate under this chapter, thecertified trainer must:
(1) file the renewal application established and provided by thecommission;
(2) pay a renewal fee of forty-five dollars ($45); and
(3) complete a refresher course established or approved by thecommission;
not later than the expiration date of the trainer certificate.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.14.
IC 7.1-3-1.5-10
Suspension; revocation; fines
Sec. 10. (a) The commission may:
(1) refuse to issue, renew, or restore a certificate issued underthis chapter; or
(2) suspend or revoke a certificate issued under this chapter;
if the board determines that the applicant or certificate holder has notcomplied with this chapter.
(b) The commission may fine a certificate holder for the violationof a:
(1) provision of this chapter; or
(2) rule adopted by the commission under this chapter.
The commission may fine a certificate holder for each day theviolation continues if the violation is of a continuing nature.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-11
Injunction
Sec. 11. (a) If a person violates this chapter, the attorney general,
the commission, or the prosecuting attorney of the county in whichthe person violates this chapter may maintain an action in the nameof the state to enjoin the person from continuing in violation of thischapter.
(b) A person who is enjoined and who violates the injunction shallbe punished for contempt of court.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-12
Violation; Class B infraction
Sec. 12. A person who trains alcohol servers without a trainercertificate under this chapter commits a Class B infraction.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.15; P.L.94-2008, SEC.20.
IC 7.1-3-1.5-13
Retailer or dealer permittee; management representative; dutiesand responsibilities
Sec. 13. (a) Subsections (b) through (e) do not apply during theperiod beginning July 1, 2010, and ending May 1, 2011. Thissubsection expires May 1, 2011.
(b) A retailer permittee or dealer permittee who operates anestablishment where alcoholic beverages are served or sold must:
(1) ensure that each alcohol server completes a server programor a trainer program established or approved under section 5.5or 6 of this chapter not later than one hundred twenty (120)days after the date the alcohol server begins employment at theestablishment;
(2) require each alcohol server to attend a refresher course thatincludes the dissemination of new information concerning theserver program subject areas described in section 6 of thischapter or subject areas of a trainer program every three (3)years after the date the alcohol server completes a serverprogram or a trainer program; and
(3) maintain training verification records of each alcohol server.
(c) A retailer permittee, a dealer permittee, or a managementrepresentative of a retailer or dealer permittee must complete a serverprogram or a trainer program established or approved under section5.5 or 6 of this chapter:
(1) not later than one hundred twenty (120) days after the date:
(A) the dealer permittee is issued a permit described insection 2 of this chapter; or
(B) the retailer permittee is issued a permit described insection 4 of this chapter; and
(2) every five (5) years after the date the retailer permittee,dealer permittee, or management representative of the retaileror dealer permittee completes a server program or a trainerprogram.
(d) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews apermit described in section 4 of this chapter;
of the requirements under subsections (b) and (c).
(e) The commission may suspend or revoke a retailer permittee'sor dealer permittee's permit or fine a retailer permittee or dealerpermittee for noncompliance with this section in accordance withIC 7.1-3-23.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,SEC.16; P.L.94-2008, SEC.21; P.L.10-2010, SEC.5.
IC 7.1-3-1.5-14
Server certificate
Sec. 14. A server program established or approved under section6 of this chapter must provide a server certificate to an individualwho successfully completes the server program.
As added by P.L.165-2006, SEC.17. Amended by P.L.94-2008,SEC.22.
IC 7.1-3-1.5-14.5
Trainer certificate
Sec. 14.5. A trainer program established or approved undersection 5.5 of this chapter must provide a trainer certificate to anindividual who successfully completes the program.
As added by P.L.94-2008, SEC.23.
IC 7.1-3-1.5-15
Observation of server program
Sec. 15. The commission may attend and observe training by acertified trainer under a server program established or approvedunder section 6 of this chapter at any time.
As added by P.L.165-2006, SEC.18. Amended by P.L.94-2008,SEC.24.
IC 7.1-3-1.5-15.5
Observation of trainer program
Sec. 15.5. The commission may attend and observe training undera trainer program established or approved under section 5.5 of thischapter at any time.
As added by P.L.94-2008, SEC.25.
IC 7.1-3-1.5-16
Rules
Sec. 16. The commission shall adopt rules under IC 4-22-2 tocarry out this chapter.
As added by P.L.165-2006, SEC.19.