Section 3.304.465. Alcohol server education course.

	(a)  While selling or serving alcoholic beverages, a person required under AS 04.21.025 to complete an alcohol server education course and the person's on-duty supervisor shall carry or have available to show a current course card or a photocopy of the card certifying completion of an approved alcohol server education course. The card is effective for three years from the date of issuance during which time the person shall complete another approved course or successfully complete a written test demonstrating an understanding of the course subjects as required by AS 04.21.025(c). The card must include the name and date of birth of the card holder, the name of the course, and the date of expiration of the card. If the card does not include a photograph of the holder, the person shall also carry a valid identification under 3 AAC 304.425(b). The card or a photocopy of the card must be shown upon request of a peace officer or board representative. If the person cannot show a current card or a copy of it on file on the premises, or show a date of hire less than 30 days earlier, the person shall immediately cease selling or serving alcoholic beverages.  
	(b)  State or nationally recognized organizations or associations that address the subject of responsible alcoholic beverage service may obtain approval of an alcohol server education course by making written application on forms provided by the board. The application must include the course book to be provided to students, any video or audio presentations that will be used, the written test required under (d) of this section, detailed lesson plans, and a description of the qualifications of and training provided to course instructors. The application must identify the communities where the course will be presented and the frequency of the presentation. The applicant shall explain how rural premises will be served under (e) of this section.  
	(c)  In addition to written materials and audio and video presentations provided to students, an instructor shall be available during an alcohol server education course to answer questions from students. Subjects covered by alcohol server education courses must include:  
		(1) function of Alcoholic Beverage Control Board, licensing procedures, and types of licenses;  
		(2) server responsibilities to the employer, patron, and law;  
		(3) criminal and civil liability, including discussion of criminal negligence standard;  
		(4) effects of alcohol consumption, including  
			(A) effect of food on alcohol consumption;  
			(B) blood alcohol levels;  
			(C) identifying a drunken person; and  
			(D) fetal alcohol syndrome and fetal alcohol effect;  
		(5) drunken persons and intervention;  
		(6) underage persons;  
			(A) checking identification;  
			(B) identifying valid identification; and  
			(C) obtaining "statement of proof of age";  
		(7) state and local hours of service and cutting off service;  
		(8) "happy hour" laws;  
		(9) restaurant designation;  
		(10) other permits;  
		(11) local option provisions;  
		(12) warning signs;  
		(13) gambling, drugs, and prostitution;  
		(14) adulteration;  
		(15) penalties for licensees and their agents and employees; and  
		(16) sale by package stores in response to written orders.  
	(d)  A provider of an alcohol server education course shall issue a card as described under (a) of this section to a student who successfully completes the course. Before issuing the card, the course provider shall require the student to pass a written test that demonstrates that the student understands the course subjects.  
	(e)  Rural premises are those licensed premises not on a statewide road system or further than 50 miles on a road system from a community where a course is offered at least once every month. For the purpose of training for rural premises, course providers may provide video or audiotapes and written materials to a licensee that cover all topics required under (c) of this section, and conduct telephonic question and answer sessions for the students. A course provider may present training for rural premises by means of an Internet-based program. An Internet-based program must include steps that the course provider takes to verify the identity of the persons receiving the instruction, testing, and certification of alcohol server training. The verification process must be approved by the board and may be reviewed and reevaluated on an annual basis to determine its validity and effectiveness. The students shall, under the supervision of the licensee or licensee's manager, take the test required under (d) of this section. The licensee or licensee's manager, whoever supervises the test, shall certify to the course provider that the student did not receive outside help in taking the test and that no copies of the test have been kept.  
	(f)  The board will issue a certificate of approval for each alcohol server education course the board approves. Certificates of approval may not be transferred.  
	(g)  A course provider shall  
		(1) maintain records of each student's participation, and completion of server training, including rural training;  
		(2) use, at a minimum, the course approved by the board; and  
		(3) make its records available to peace officers or board investigators.  
	(h)  An organization or association that has received board approval for an alcohol server education course shall apply for board reapproval within 33 months of last board approval. Application must be made on a form provided by the board. If application for reapproval is not approved by the board within 36 months after last board approval, training must cease. The application for reapproval must state the following for training provided since the last application:  
		(1) the number and names of students trained;  
		(2) the locations and dates of training; and  
		(3) the names of instructors.  
	(i)  The board will, in its discretion, terminate approval of a course if the board determines that the course is not being presented as approved, that records are not being maintained as required, that students are being certified who have not successfully completed the course, or for other reasons in the public interest. The board will, in its discretion, make its termination of approval effective immediately, if the board determines that immediate termination is in the public interest.  
	(j)  For the purposes of this section and AS 04.21.025, a person who, before 4/1/94, successfully completed:  
		(1) Techniques of Alcohol Management (Alaska Cabaret, Hotel, Restaurant and Retailers Association);  
		(2) Training In Intervention Procedures for Servers (Health Communications, Inc.);   
		(3) Come of Age (Tesoro Northstar Co.);  
		(4) Serve Safe (Alaska Professional Bartender School);  
		(5) Providing Alcohol With Care and Empathy (Stuart Anderson Cattle Co.);  
		(6) Responsible Establishments Alcohol Consumption Trained Servers (Bartenders Against Drunk Driving); or  
		(7) Alcohol Servers Knowledge (Alaska Training Academy), has completed an approved course, but shall complete a course approved under (f) of this section within 36 months of 4/1/93.  
	(k)  A provider of an alcohol server education course approved by the board under this section shall advise the board of the methods used to train and certify the instructors providing the training.  

Authorities

04.06.090;04.06.100;04.21.025;44.62.125

Notes

Authority

AS 04.06.090 AS 04.06.100 AS 04.21.025 Editor's note: As of Register 166 (July 2003), and acting under AS 44.62.125 (b)(6), the regulations attorney relocated former 15 AAC 104.465 to former 13 AAC 104.465, and made a conforming technical change to former 13 AAC 104.465(a), to reflect Executive Order 110 (2003). Executive Order 110 relocated the Alcoholic Beverage Control Board from the Department of Revenue to the Department of Public Safety. The history note for former 13 AAC 104.465 carries forward the history from former 15 AAC 104.465. As of Register 203 (October 2012), and acting under AS 44.62.125(b)(6), the regulations attorney relocated former 13 AAC 104.465, and made conforming technical changes to 3 AAC 304.465 to reflect ch. 55, SLA 2012. Chapter 55, SLA 2012 relocated the Alcoholic Beverage Control Board from the Department of Public Safety to the Department of Commerce, Community, and Economic Development. The history note for 3 AAC 304.465 carries forward the history from former 13 AAC 104.465. ________________________

History

Eff. 4/1/94, Register 129; am 8/24/2001, Register 159; am 12/13/2009, Register 192

References

15.104.465;13.104.465;3.304.465