June 12, 2018, Introduced by Reps. Sabo, Cochran, Chang, Lasinski, Brinks, Guerra, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 906 (MCL 436.1906), as amended by 2008 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 906. (1) As used in this section:
(a) "Administrator" means a qualifying company, postsecondary
educational institution, or trade association authorized by the
commission to offer server training programs and instructor
certification classes in compliance with this section and to
certify to the commission that those persons meet the requirements
of this section.
(b) "Instructor" means an individual certified by an
administrator and approved by the commission to teach server
training programs. An instructor may be a licensee or an employee
of a licensee.
(c) "Prohibited sale" means the sale of alcoholic liquor by an
employee of a licensee to a visibly intoxicated person or to a
minor, or both.
(d) "Responsible vendor" means a designation by the commission
of a retail licensee meeting the standards of this section.
(e) "Server training program" means an educational program
whose
the curriculum of
which has been approved by the
commission
under the standards described in this section and is offered by an
administrator or instructor to a retail licensee, or a licensee
operating a tasting room or providing samples of alcoholic liquor,
for its employees.
(2) The commission shall approve the establishing of a server
training program designed for all new on premises licensees or
transferees of more than a 50% interest in an on premises license
on or after the commencement of the mandatory server training
program, and for any existing retail licensees the commission
determines to be in need of training due to the frequency or types
of violations of this act involving the serving of alcoholic
liquor. This subsection does not apply to special licenses except
that the commission may require server training for certain special
licensees based upon the size and nature of the licensed event. The
commission may adopt the existing standards and programmatic
framework of private entities and may delegate nondiscretionary
administrative functions to outside private entities.
(3) The commission shall establish a program in which the
commission designates certain retail licensees, except special
licenses, as responsible vendors. The commission may adopt the
existing standards and programmatic framework of private entities
and may delegate nondiscretionary administrative functions to
outside private entities.
(4) The commission shall designate as a responsible vendor a
retail licensee who makes available to all full-time and part-time
retail employees, within 60 days after being hired, a server
training program and who is also free of convictions or
administrative determinations involving prohibited sales for not
less than 12 months before applying for the designation. The
designation continues until suspended by the commission.
(5) A person may apply to the commission for qualification as
an administrator for the offering of server training programs and
instructor certification classes.
(6) The commission shall approve a curriculum for a server
training program presented by a certified instructor in a manner
considered by the commission to be adequate that includes, but is
not limited to, all of the following topics:
(a) The identification of progressive stages of intoxication
and the visible signs associated with each stage.
(b) The identification of the time delay between consumption
and visibility of signs of progressive intoxication.
(c) Basic alcohol content among different types of measured
drinks containing alcoholic liquor.
(d) Variables associated with visible intoxication, including
the rate of drinking, experience, weight, food consumption, sex,
and use of other drugs.
(e) Personal skills to handle slow-down of service and
intervention procedures.
(f) Procedures for monitoring consumption and maintaining
incident reports.
(g) The understanding of acceptable forms of personal
identification, techniques for determining the validity of
identification, and procedures for dealing with fraudulent
identification.
(h) Assessment of the need to ask for identification based on
appearance or company policy.
(i) The identification of potential second-party sales and
furnishing of alcoholic liquor to minors by persons 21 years of age
or over.
(j) The understanding of possible legal, civil, and
administrative consequences of violations of this act, the rules of
the commission, and other pertinent state laws.
(k) The understanding of Michigan laws pertaining to minors
attempting to purchase, minors in possession, and second-party
sales or furnishing of alcoholic liquor from adults to minors.
(l) Knowledge of the legal hours of alcoholic liquor service
and occupancy.
(m) The identification of signs of prohibited activities, such
as
gambling, solicitation for prostitution, commercial sex, and
drug sales.
(n) Any other pertinent laws as determined by the commission.
(7) The commission shall issue an instructor certification to
an individual presenting evidence acceptable to the commission of
having successfully completed instructor certification classes and
shall issue an identification card indicating that certification by
the commission.
(8) Upon approval by the commission of a server training
program, the commission shall appoint the person sponsoring the
server training program as an administrator of that program. The
administrator shall provide a certification to the commission that
a retail licensee has successfully completed the server training
program offered by a certified instructor and approved by the
commission and shall recommend that the commission designate the
licensee as a responsible vendor.
(9) A certified instructor who is a licensee or an employee of
a licensee may offer server training programs approved by the
commission to the employees of the licensee and certify to the
commission those persons who successfully completed the program.
(10) An on premises licensee whose license was issued or who
was the transferee of more than a 50% interest in an on premises
license on or after the commencement of the mandatory server
training program or an on premises licensee determined by the
commission to be in need of training due to the frequency or types
of violations of this act involving the serving of alcoholic liquor
must have employed or present on the licensed premises, at a
minimum, supervisory personnel who have successfully completed a
server training program on each shift and during all hours in which
alcoholic liquor is served. An on premises licensee must keep a
copy of the responsible vendor designation or proof of completion
of server training on the licensed premises to facilitate the
verification of such designation by the commission, agent of the
commission, or law enforcement officer. An on premises licensee
determined by the commission to have violated this subsection is
subject to revocation, suspension, or other sanction as provided
for in section 903. A violation of this subsection is not a
violation of section 909.
(11) As a condition of the designation of a licensee as a
responsible vendor, the licensee shall make available to the
administrator in not less than 60-day time increments records
sufficient
to verify the names and social security Social Security
numbers of his or her employees. The administrator shall provide to
the
commission a list of names and social security Social Security
numbers of individuals who have successfully completed the server
training program and shall monitor the licensee in a manner
approved by the commission in order to verify continued compliance
of the licensee's status as a responsible vendor. The administrator
shall notify the commission in writing as soon as it determines
that the licensee has failed to maintain the standards for server
training or has failed to cooperate with the administrator's
verification procedure. Upon receipt of such a notice from the
administrator, the commission shall suspend the licensee's
designation as a responsible vendor.
(12) The commission may suspend the designation of a retail
licensee as a responsible vendor upon a conviction or
administrative determination of a prohibited sale on the licensee's
licensed premises. The retail licensee losing such a designation
may reapply for designation as a responsible vendor upon the
passage of 12 months from the date of the conviction or
administrative determination of a prohibited sale if the licensee
is not convicted or administratively determined to have engaged in
a prohibited sale on the licensed premises. After the first
instance of a retail licensee losing its designation as a
responsible vendor, that retail licensee is not eligible to reapply
for such a designation until an additional 3 months for each
subsequent conviction or determination. The 3-month time periods
are to be in addition to the 12-month period described in this
subsection.
(13) A responsible vendor is not considered to be in violation
of the prohibition contained in section 707(4) regarding allowing
an intoxicated person to frequent or loiter on the licensed
premises unless the facts demonstrate otherwise.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6169 (request no.
02879'17) of the 99th Legislature is enacted into law.