Server-training bill passes first hurdle
By Paul Tash
Montana Tavern Times
The Montana Tavern Association's quarterly meetings of its committees and executive board drew a good crowd Jan. 26 in Helena as members discussed a variety of issues, mostly relating to the current legislative session.
The bill most directly affecting the tavern businesses at this point is the much-discussed mandatory server and sales training bill, now Senate Bill 29.
Sponsored by Sen. Linda Moss, D-Billings, the measure passed out of the Senate's Business, Labor and Economic Affairs Committee following its initial hearing Jan. 25, and is awaiting action by the full Senate. The server-training proposal was unanimously approved by the Law and Justice Interim Committee last fall and is endorsed by the Montana Tavern Association (MTA).
MTA government affairs counsel Mark Staples testified that SB-29 passage is important because it would create just one statewide program with industry input, instead of individual towns adopting their own ordinances that would vary significantly from town to town.
“If this mandatory server training bill fails, you will have a hodge-podge of server training ordinances across Montana’s cities and towns.”
The bill was amended by committe members to exempt volunteers – who serve beer at a fundraiser, or Jaycees serving beer at a county rodeo, for example.
“The committee was sympathetic to volunteers,” Staples said. “I believe the bill would have died in committee if volunteers weren't exempt.”
The SB-29 calls for:
• All sellers and servers of alcohol must be trained within 60 days of hire and every three years thereafter;
• The proposal accepts all approved training programs, including the Department of Revenue program, TIPS, TAMS, SERV-SAFE, and even approved in-house programs;
• A licensee found, as a result of a routine check, to be out of compliance with the server training law will pay a $200 fine, rather than the $50-per-employee fine in the original bill;
• The law would go into effect Oct. 1.
The MTA executive board weighed in on a couple of microbrewery bills that affect the tavern industry.
The first, SB-202, asks state lawmakers to “shift” tap-room hours for microbreweries to serve until 10 p.m. instead of their current statutory 8 p.m. In exchange for the shift, the microbreweries would give up their early a.m. retail sales.
Sen. Ryan Zinke, R-Whitefish, is sponsoring SB-202, which at press time had been referred to the Senate Business, Labor and Economic Affairs Committee and was awaiting a hearing.
The MTA executive board opposed the shift in hours for tap rooms. However, the board favored changing state law to give microbreweries the option to purchase a non-gaming beer and wine license. Breweries aren't currently allowed to buy a beer and wine license.
Montana licensees, many who have paid a great deal for their licensed privilege to engage in on-premise retail sales, believe it's unfair to further expand retail on-premise sales in breweries unless the brewers make the same kind of investment in that retail privilege.
The second brewery-related bill being monitored by the MTA is SB-203, also sponsored by Zinke. That measure would allow “on-premise retailers” to sell beer in “growlers,” or refillable and resealable containers, for off-premises consumption.
The board had no position on the bill, which has already been passed overwhelmingly by the Senate and has moved on to the House.
A couple of members at the meeting expressed concern about the elimination of the “five-year look-back” for those convicted of driving under the influence. Currently, authorities can only look back five years on a person's record to establish multiple DUI convictions. However, House Bill 14, sponsored by Rep. Mike Menahan, D-Helena, would allow authorities to review a person's life-long driving record looking for DUIs.
Finance
Giving the Finance Committee report was Ron Jupka, who was standing in for chairperson Mary Jane Heilser. Jupka reported that membership fell last year, but that things were looking up because the MTA office had begun to send out renewals quarterly to former members. The effort had already gained 10 new members.
He also said some deficiencies that turned up in an audit last year “have all been cleared up” and thanked Mary Jane and Chris Caldwell at the MTA office for their efforts in addressing the issue.
Jupka also reported that this year's budget is showing a deficit, but expected that condition to improve as membership dues and other income come in.
Public Relations
Bobby Lincoln, the chairman of the Public Relations Committee, reported that tickets are now on sale for the No Dinner Dinner, the MTA's main fundraiser that takes place at the annual convention in September. He urged members to take some back with them and begin selling.
The committee had decided at last quarter's meeting to change the drawing a bit so there are more winners. The top prize was cut from $15,000 to $10,000, with the other $5,000 to be split into 10 $500 drawings to be held the night of the trade show. And instead of one “early bird” winner of $4,000, the group will pick four $1,000 winners – one each in June, July, August and September – to help promote early ticket sales.
Lincoln said several more taverns have expressed interest in participating in the new Charity Mania fundraiser, which just finished up its first year. The promotion centers on a $20 ticket that entitles the ticket buyer to free drink coupons from taverns across Montana.
Several taverns have contacted him, asking to be included in the free-drink coupon, he said.
In addition, the ticket automatically enters the person in the Football Mania sweepstakes, where players participate each of the 17 weeks of the National Football League season with randomly chosen NFL teams. Each week the ticket holder's card lists three teams, and holders of the four highest and two lowest team point totals win cash prizes.
MTA members and associates wishing to participate can contact the MTA office at 442-5040 or by email at mttavern@gmail.com.
Also, MTA member John Hayes talked about the possibility of the MTA becoming a sponsor of the Shrine all-star football game. Last year's game drew about 5,400 fans in Butte and raised about $102,000 for the Shrine Hospital in Spokane.
This year's game will be sponsored by the Billings Shrine organization, played in Laurel, and broadcast on statewide TV.
Hayes suggested that the MTA buy little footballs with its logo on them to be thrown into the crowd during the games. His request was supported.
Legislative and Gambling
Ralph Ferraro, chairman of the Legislative and Gambling Committee, reported to the executive board that his committee had a wide-ranging discussion on possible ways to help tavern businesses hurt by a slow economy and falling gaming revenues.
Committee members touched on a variety of possibilities, including the introduction of new games and the development of gaming-machine enhancements.
The committee voted in favor of working to develop a plan to develop some machine enhancements, and the executive board approved that decision.
National Report
Steve Morris, MTA's national delegate, said the next national board meeting will take place in Washington, D.C., in April. He said he plans to talk with Montana's congressional delegation while he's there.
In other news, the MTA's legislative reception was moved from Jan. 26 to Feb. 10. The Jan. 26 date was cancelled because it conflicted with Gov. Brian Schweitzer's State of the State address.