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 Suite 101 of the State Capitol Building North.

 

 

F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Harrison

 

DATE TYPED:

3/19/03

 

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)

 

SOURCES OF INFORMATION

 

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