NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The most recent FIR
version (in HTML & Adobe PDF formats) is available on the Legislative
Website. The Adobe PDF version includes
all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in
SPONSOR: |
|
DATE TYPED: |
|
HB |
972/aHJC |
||
SHORT TITLE: |
Alcohol Server Education |
SB |
|
||||
|
ANALYST: |
Maloy |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
NFI |
|
NFI |
|
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Alcohol
and Gaming Division of Regulation and Licensing Department
SUMMARY
Synopsis
of HJC Amendment
The House Judiciary Committee amended House Bill
972 primarily to provide clean-up language and clarity. The changes do not
substantively alter the bill, except to provide that corporate officers on a
liquor license and off-duty servers are not included in the definition of
“server” and, therefore, are not subject to the restrictions set out for
servers in the bill.
Synopsis of Original
Bill
1.
House Bill 972 changes the name of the
“Alcohol Server Education Article” to “Alcohol Server Education Act”.
2.
The bill proposes to create a new
subsection that requires a server shall have on his person, his server permit
at all times when engaged in selling, serving or dispensing alcoholic beverages. The bill further provides that failure to
have his permit on his person when requested by a peace officer or special
investigations officer will result in an administrative fine of twenty dollars
per violation.
3.
The bill also proposes to provide that persons
selling, serving or dispensing alcoholic beverages, including persons who
managing, directing or controlling sales or service of alcoholic beverages, are
prohibited from consuming alcoholic beverages while working as a server.
·
A first offense will result in suspension
of the server’s permit for a period of thirty days.
·
A second offense will result in a
six-month suspension.
·
A third offense will result in a one-year
suspension.
·
A fourth offense will result in the
server’s permit being permanently revoked.
4. The bill further proposes to require a server attend a program (and complete the program with a score on the examination of 80% or higher) for the issuance or renewal of a server permit, and requires a server to be certified every three years instead of the current five year period.
Significant Issues
This bill should result in better education of
alcohol servers, and greater ease for the special investigations officers in
determining compliance with the Liquor Control Act’s requirements.
FISCAL IMPLICATIONS
There are no direct fiscal or administrative implications for the state.
SJM/njw:yr