Section 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; and7. 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; and2. 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.Tenn. Comp. R. & Regs. 0100-09-.02
Original rule filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed February 29, 2016; effective 5/29/2016.Authority: T.C.A. § 57-5-605(b).