Tenn. Comp. R. & Regs. 0100-09-.03

Current through October 22, 2024

Section 0100-09-.03 - RESPONSIBLE BEER VENDOR TRAINING PROGRAM FORMAT

(1) Complete training program must be at least (2) hours of instruction, excluding breaks for attendees. Such training program must take place in a publicly accessible location, but may take place on the certified responsible beer vendor's premises. Training programs may not be conducted in private homes.

(2) The training program must provide either printed materials to attendees or make training materials available online for review after completion of the training. Once a program has been certified by the Commission, the following statement shall be placed in bold type on the cover sheet of such written materials or manuals: "This program has approved by the Tennessee Alcoholic Beverage Commission as currently satisfying the requirements contemplated by the Tennessee Responsible Vendor Act of 2006".

(3)

(a) At the beginning of each training program, attendees shall be advised that they must meet the following qualifications to be a certified clerk eligible to participate in the responsible beer vendor program:

i. Be at least 18 years of age;

ii. Must not have been criminally convicted of any violation of the laws against possession, sale, manufacture, or transportation of beer or other alcoholic beverages within the past ten (10) years; and

iii. Must not have been convicted of any crime involving moral turpitude within the past ten (10) years.

(b) A responsible beer vendor is not required to perform criminal background checks on employees or clerks; however, the responsible beer vendor should inquire on the application as to any convictions the employee or clerk has had for the past ten years.

(4) Testing.

(a) Upon completion of the training, the program must adequately test the comprehension and understanding of the attendees. Testing should be sufficiently randomized and conducted in such a manner as to prohibit prior knowledge of the answers by users. A passing score of at least seventy (70) % percent will be required from each person attending the training before a certificate may be issued-unless the certified beer vendor program requires a higher score.

(b) Any attendee failing to attain this passing score may contact the certified program licensee to schedule a second examination within thirty (30) days. A second examination shall be provided to the attendee by the responsible beer vendor program without additional charge.

(c) If the second examination is not scheduled and taken within this thirty day period, then the attendee shall be required to attend a second training program in its entirety and pass the test before being eligible to obtain the certificate. Nothing herein shall act to extend the original sixty-one (61) day grace period from the date of hire as a clerk.

(d) Within twenty-one (21) calendar days of the training date, the certified program must provide to the Commission a list of all clerks who have successfully completed the program along with the vendor for which each clerk completed the training.

(e) If the certified program and responsible beer vendor are the same entity (i.e., if the responsible beer vendor has an in-house certified program), then a single notification to the Commission is sufficient.

(5) Alcoholic beverages may not be consumed by the instructor or any attendee during the training program.

(6) All training must be conducted in a professional manner: materials and comments may not be offensive in nature.

(7)

(a) All Certified Responsible Beer Vendor Training Programs shall issue a certificate of completion for any clerk who has successfully completed the training. The original certificate of completion shall be forwarded to the appropriate responsible beer vendor, and the clerk successfully completing the training shall receive a copy. Each certificate of completion shall include the following information:

1. Name and date of birth for clerk;

2. Name of certified program providing the training;

3. Date on which the clerk successfully completed the program; and

4. Name and complete address of responsible beer vendor receiving the certificate of completion.

(b) Any certified program or responsible beer vendor offering or submitting a fraudulent , fake and/or altered certificate of completion to a TABC representative or to the Commission shall subject their certification to immediate disciplinary action-including, but not limited to, summary suspension and revocation.

(8) All Certified Training Programs shall permit access to Commission representatives. Failure to permit access to a Commission representative will result in the program being required to show cause to the Commission why its certification should not be revoked.

(9) A successful completion by a clerk of a responsible beer vendor training conducted by a certified training program within 61 days prior to the responsible beer vendor submitting its application to the Commission shall be valid. However, such training is valid only for one designated responsible beer vendor location.

Tenn. Comp. R. & Regs. 0100-09-.03

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).