HOUSE BILL No. 6167

 

 

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.