Server training questions answered
Senate Bill 29 was passed by the 2011 Legislature and signed into law. The bill requires all licensees and their employees that sell or serve alcohol receive responsible alcohol server training. The bill becomes effective on Oct. 1, 2011.
Following is a list of frequently asked questions:
Who must take responsible alcohol server training?
Any person owing a license and any employee that sells or serves alcoholic beverages need to take a responsible alcohol server training program. This includes the owners of a retail licenses, bartenders, waitresses, and any other employee who sells or serves alcoholic beverages to the public. Owners and other employees such as cooks, bus boys and the like that do not sell or serve alcohol do not have to complete a responsible alcohol server training program.
Is the requirement applicable to the sale of alcoholic beverages for consumption off the premises of a licensed establishment?
The law applies equally to both on-premises and off-premises licenses.
When do my employees need to be trained?
The law takes effect Oct. 1, 2011 and therefore employees need to be trained by that date.
Why did this become law and who's responsible for it?
Many Montana licensees and their employees have already been trained, but in the wave of bills to address DUI an interim committee – at the urging of MADD and others – drafted a broad mandatory server training bill to ensure that all retail servers be trained.
At the same time, local municipalities were starting to enact their own mandatory server training regimens which were narrower, harder to comply with, and even punitive.
The hospitality industry worked to make the statewide standard reasonable, and uniform, rather than have each city and town in Montana impose a different and more onerous set of rules.
Bottom line: There was going to be mandatory server training one way or the other. The better path was to have a say in its design, rather than get run over by it.
How do I inform the Department of Revenue that I have trained my employees?
At the time of renewing your license you will certify on your renewal form that you have trained your employees.
How long do I have to train a new employee?
A new employee will have to be trained within 60 days of the employee's date of hire.
How long is the training good for?
The training is good for three years. All licensees and their employees who sell or serve alcoholic beverages must be trained every 3 years.
If my employees are already trained do they have to be retrained under the new law?
No. If an employee has been trained in an approved responsible alcohol server training program, they do not have to undergo new training until three years after their last training. See the approved training programs below.
What types of things are covered in a responsible alcohol server training program?
To be an approved program, the following topics must be covered during the training:
• Effects of alcohol on the human body
• Information, including criminal, civil, and administrative penalties related to non-compliance with laws governing the sale and service of alcohol in Montana
• Procedures for checking identification
• Procedures for gathering proper documentation that may affect the licensee's liability
• Training for skills to handle difficult situations and to learn evaluation techniques regarding intoxicated persons or others that pose potential liability
• A final test to participants
• A certificate of completion to participants to pass the final test
Is a licensee required to maintain records of employees they have trained?
Yes.
Who has jurisdiction over responsible server training programs within Montana?
The Department of Revenue has sole jurisdiction over all server training programs. Local governments may not enact their own server training programs.
What is the penalty if I don't train my employees?
The penalties are $50 penalty for a first offense, $200 penalty for a second offense, and a $350 penalty for a third offense within a 3-year period.
What training programs are currently approved by the Department of Revenue?
Listed below are 4 server training programs that have been approved by the Department of Revenue as follows. Continue to check with the Department at www.alcoholservertraining.mt.gov. to see if additional programs have been approved:
• TIPS (Training for Interven-tion Procedures) www.gettips.com
TIPS has an on-line course called etips and the cost is $40 and the course is tailored to either on-premise or off-premise sales.
TIPS also has many certified trainers within Montana and a search of the web site will provide a listing of certified trainers and classes.
• TAM (Techniques of Alcohol Management) www.tamusa.org
TAM also has an on-line course and the cost is $50.
TAM also has certified trainers in Montana and again a search of their web site will provide a listing.
• ServSafe www.servsafe.com. ServSafe has an on-line course and the cost is $40.
As with TIPS and TAM, ServSafe also has certified trainers in Montana.
Jeff Hainline with the Montana Restaurant Association is certified in ServSafe and will be scheduling classes around the state.
• Lets Control It This course is the former Department of Revenue program.
Lets Control It is being picked up by the Safe Kids/Safe Communities Coalition as well as local DUI task forces and a division of Boyd Andrew Counseling.
In order to get training through this program, you need to contact these organizations in your area.
The cost for this training is free, though sometimes a charge of $15 is made to cover the cost of materials.