Training rules are controversial
Anyone expecting confrontation and contention over proposed rules to implement an incentive based alcohol server training program would have been disappointed when the rules draft had its hearing at the Mitchell Building in Helena, Nov. 18.
Proponents and opponents, without hystrionics, had their say, with five representatives of business groups testifying in favor of the server training proposal while seven testified in opposition.
Editorials in a few daily newspapers prior to the hearing had urged anyone opposed to altering the penalty schedule for server violations to write, speak out and attend the hearing. About 20 people were in the audience.
The proposed rules are the result of the withdrawal of House Bill 211 during the 2009 Montana Legislature. That bill would have provided licensed businesses incentives to enroll their staff in certified responsible serving training programs.
The more flexible penalty schedule is thought to provide a valuable incentive to get employers to train staff in responsible serving techniques, and proponents testified that it would, while opponents generally advocated penalties even stiffer than those already in place, and advocated mandatory server training, though only one suggested a method of paying for state mandated training: a new tax.
Testifying in favor of the proposed rules were: Tony Hebert, Executive Director of the Montana Brewers Association; Rona Alexander of the convenience stores association; Bob Anderson, executive director of the Montana Tavern Association; Neil Peterson, executive director of the Gaming Industry Association of Montana and Jeff Hainline of the Montana Restaurant Association Education Foundation.
All essentially said their members are committed to responsible serving practices and properly trained employees, but favored incentives to achieve training goals instead of more government mandates and increased penalties.
They also pointed out that studies have found 90 percent of alcohol illegally accessed by minors comes from of-age friends, family and purchasers, while only about 10 percent comes from licensed retail establishments, though that 10 percent needs to be reduced further. They said more emphasis ought to be placed on stopping adults who provide youth alcohol.
They also pointed out even trained employees make mistakes, and that a business that is diligently working to serve responsibly and train employees is penalized for the errors of an individual.
Businesses have formed a coalition to promote and provide server training and this program had trained 300 servers during the last month, Hainline testified. The private sector is addressing the problem and further incentives would go a long way toward solving it, he said.
The MTA's Bob Anderson testified that on-premise retailers take responsible serving very seriously and more and more are training servers.
"This proposed rule simply gives an extra incentive to retailers to train their employees and themselves every single year for a slight diminution in penalties," Anderson said.
"It's a two year experiment; if it doesn't work, dump it. But let's try it."
He also used a historical example to illustrate his point: "Ten years ago the state proposed mandatory dialing up of all the gaming machines in Montana. The industry balked at the $15 million dollar price tag and the forced nature of it. Instead the businesses proposed it be voluntary with incentives," which is ultimately the configuration that was adopted.
Today the industry is 98 percent automatically, electronically, voluntarily reported, Anderson said. "That's an example of taking a positive, cooperative approach to regulation, rather than a punitive one."
"These amendments do provide for a slightly lessened – and extended – penalty schedule for licensees. But remember two things: One, the licensed businesses – in most cases – aren't the ones who make the mistake in serving – a server does, yet the licensee gets the brunt of the punishment and, two, for a licensed business (again, remember, we're not talking about the server) to avail itself of this penalty schedule, a stepped up schedule of training must be engaged. First, training must occur within 30 days of hire and, second, it must happen every year.
"That won't be easy or cheap, but these rules make it worthwhile."