2015 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 3. PERMITS CHAPTER 1.5. CERTIFICATION OF ALCOHOL SERVER TRAINING PROGRAMS
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IC 7.1-3-1.5
Chapter 1.5. Certification of Alcohol Server Training
Programs
IC 7.1-3-1.5-1
"Alcohol server"
Sec. 1. As used in this chapter, "alcohol server" means the
following:
(1) A person who works on the licensed premises of a retailer
permittee as a:
(A) manager;
(B) bartender; or
(C) waiter or a waitress.
(2) A person who works on the licensed premises of a dealer
permittee as a:
(A) manager; or
(B) sales clerk.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-1.2
"Applicant"
Sec. 1.2. As used in this chapter, "applicant" means a person who
applies for a trainer certificate under this chapter to train:
(1) alcohol servers; and
(2) individuals who plan to become certified trainers;
on the selling, serving, and consumption of alcoholic beverages.
As added by P.L.165-2006, SEC.5.
IC 7.1-3-1.5-1.3
"Certified trainer"
Sec. 1.3. As used in this chapter, "certified trainer" means a person
who is issued a trainer certificate under section 4.6 of this chapter.
As added by P.L.165-2006, SEC.6.
IC 7.1-3-1.5-2
"Dealer permittee"
Sec. 2. As used in this chapter, "dealer permittee" means a person
who holds a liquor dealer permit under IC 7.1-3-10 for a package
liquor store.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-3
"Program"
Sec. 3. As used in this chapter, "program" refers to a program
designed to educate an alcohol server on the:
(1) selling;
(2) serving; and
(3) consumption;
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of alcoholic beverages.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-4
"Retailer permittee"
Sec. 4. As used in this chapter, "retailer permittee" means a person
who holds a:
(1) beer retailer's permit under IC 7.1-3-4;
(2) liquor retailer's permit under IC 7.1-3-9; or
(3) wine retailer's permit under IC 7.1-3-14.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-4.2
"Server certificate"
Sec. 4.2. As used in this chapter, "server certificate" means a
certificate issued by the commission under this chapter to an
individual who completes a program established or approved under
section 6 of this chapter.
As added by P.L.165-2006, SEC.7.
IC 7.1-3-1.5-4.3
"Server program"
Sec. 4.3. As used in this chapter, "server program" refers to a
program designed to educate an alcohol server on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
As added by P.L.94-2008, SEC.14.
IC 7.1-3-1.5-4.4
"Trainer certificate"
Sec. 4.4. As used in this chapter, "trainer certificate" means a
certificate issued by the commission under this chapter to an
applicant who meets the requirements under section 4.6 of this
chapter.
As added by P.L.165-2006, SEC.8.
IC 7.1-3-1.5-4.5
"Trainer program"
Sec. 4.5. As used in this chapter, "trainer program" refers to a
program designed to educate an individual on the training of alcohol
servers on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
As added by P.L.94-2008, SEC.15.
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IC 7.1-3-1.5-4.6
Trainer certificate; requirements
Sec. 4.6. Except as provided in section 10 of this chapter, the
commission shall issue a trainer certificate to an applicant who:
(1) files the application and pays the fees established by the
commission under section 5 of this chapter;
(2) completes a program established or approved under section
5.5 of this chapter; and
(3) meets the requirements under this chapter and rules adopted
by the commission.
As added by P.L.165-2006, SEC.9. Amended by P.L.94-2008,
SEC.16; P.L.269-2013, SEC.1.
IC 7.1-3-1.5-4.8
Certified trainer; authorized activities
Sec. 4.8. A certified trainer may train alcohol servers on the
selling, serving, and consumption of alcoholic beverages.
As added by P.L.165-2006, SEC.10. Amended by P.L.94-2008,
SEC.17.
IC 7.1-3-1.5-5
Rules
Sec. 5. The commission shall adopt rules under IC 4-22-2 to
establish:
(1) an application form;
(2) standards; and
(3) fees;
for certification under this chapter.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.11.
IC 7.1-3-1.5-5.5
Trainer program; approval
Sec. 5.5. (a) Subject to subsection (b), the commission may
approve a trainer program by a third party that is designed to educate
individuals on the training of alcohol servers on the selling, serving,
and consumption of alcoholic beverages.
(b) The commission may not approve a trainer program by a third
party that holds or has an interest in any of the following permits:
(1) A primary source of supply permit.
(2) A beer, wine, or liquor wholesaler's permit.
(3) A beer, wine, or liquor retailer's permit.
(4) A beer, wine, or liquor dealer's permit.
(c) In approving a trainer program under this section, the
commission may consider the following factors:
(1) The needs of applicants.
(2) The geographical distribution of the third parties' locations
in Indiana.
(3) The adequacy of the facilities where the trainer program will
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be conducted.
As added by P.L.94-2008, SEC.18.
IC 7.1-3-1.5-6
Server program requirements
Sec. 6. (a) The commission shall:
(1) establish a server program;
(2) approve a server program established by a third party that
meets the requirements of this chapter; and
(3) approve a server program established by a third party that
meets the requirements of this chapter and IC 7.1-3-1.6;
that is designed to educate alcohol servers on the selling, serving, and
consumption of alcoholic beverages.
(b) A server program established or approved under subsection (a)
must include the following:
(1) Training provided by:
(A) an instructor who has knowledge in the subject areas
described in this section and is a certified trainer under this
chapter; or
(B) an online or self-study course under IC 7.1-3-1.6.
(2) Information on specific subject areas as required by the
commission.
(3) A minimum of at least two (2) hours of training to complete
the program.
(4) Information on:
(A) state laws and rules regarding the sale and service of
alcoholic beverages;
(B) the classification of alcohol as a depressant and the effect
of alcohol on the human body, particularly on the ability to
drive a motor vehicle;
(C) the effects of alcohol:
(i) when taken with commonly used prescription and
nonprescription drugs; and
(ii) on human behavior;
(D) methods of:
(i) identifying and refusing to serve or sell alcoholic
beverages to an underage or intoxicated person; and
(ii) handling situations involving an underage or
intoxicated person;
(E) methods for properly and effectively:
(i) checking the identification of an individual;
(ii) identifying an illegal identification of an individual;
and
(iii) handling situations involving individuals who have
provided illegal identification;
(F) security and law enforcement issues regarding the sale
and service of alcoholic beverages; and
(G) recognizing certain behavior to assess the amount of
alcohol an individual:
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(i) has consumed; and
(ii) may safely consume.
(5) One (1) or both of the following:
(A) A written test.
(B) An oral test.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.12; P.L.94-2008, SEC.19; P.L.269-2013, SEC.2.
IC 7.1-3-1.5-7
Repealed
(As added by P.L.161-2005, SEC.1. Repealed by P.L.165-2006,
SEC.40.)
IC 7.1-3-1.5-8
Trainer certificate expiration and renewal
Sec. 8. (a) A trainer certificate issued under this chapter expires
three (3) years after the date the trainer certificate was issued.
(b) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews a
permit described in section 4 of this chapter;
of the renewal requirements for a trainer certificate under this
chapter.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.13.
IC 7.1-3-1.5-9
Trainer certificate renewal requirements
Sec. 9. To renew a trainer certificate under this chapter, the
certified trainer must:
(1) file the renewal application established and provided by the
commission;
(2) pay a renewal fee of forty-five dollars ($45); and
(3) complete a refresher course established or approved by the
commission;
not later than the expiration date of the trainer certificate.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.14.
IC 7.1-3-1.5-10
Suspension or revocation of certificate; refusal to issue certificate;
fines
Sec. 10. (a) The commission may refuse to issue a trainer
certificate under this chapter to an applicant who has been convicted
of a felony if less than two (2) years have elapsed from the date the
applicant was discharged from probation, imprisonment, or parole,
whichever discharge date is latest, to the date the applicant applies for
the trainer certificate.
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(b) The commission may:
(1) refuse to:
(A) issue a certificate under this chapter; or
(B) renew or restore a certificate issued under this chapter; or
(2) suspend or revoke a certificate issued under this chapter;
if the commission determines that the applicant or certificate holder
has not complied with this chapter.
(c) The commission may fine a certificate holder for the violation
of a:
(1) provision of this chapter; or
(2) rule adopted by the commission under this chapter.
The commission may fine a certificate holder for each day the
violation continues if the violation is of a continuing nature.
As added by P.L.161-2005, SEC.1. Amended by P.L.269-2013,
SEC.3.
IC 7.1-3-1.5-11
Injunction
Sec. 11. (a) If a person violates this chapter, the attorney general,
the commission, or the prosecuting attorney of the county in which
the person violates this chapter may maintain an action in the name
of the state to enjoin the person from continuing in violation of this
chapter.
(b) A person who is enjoined and who violates the injunction shall
be punished for contempt of court.
As added by P.L.161-2005, SEC.1.
IC 7.1-3-1.5-12
Violation; Class B infraction
Sec. 12. (a) In the case of a program approved under IC 7.1-3-1.6,
this section applies only to an individual providing the assistance
described in IC 7.1-3-1.6-6(6).
(b) A person who trains alcohol servers without a trainer
certificate under this chapter commits a Class B infraction.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.15; P.L.94-2008, SEC.20; P.L.269-2013, SEC.4.
IC 7.1-3-1.5-13
Retailer or dealer permittee; management representative; duties
and responsibilities
Sec. 13. (a) A retailer permittee or dealer permittee who operates
an establishment where alcoholic beverages are served or sold must:
(1) ensure that each alcohol server completes a server program
or a trainer program established or approved under section 5.5
or 6 of this chapter not later than one hundred twenty (120) days
after the date the alcohol server begins employment at the
establishment;
(2) require each alcohol server to attend a refresher course that
includes the dissemination of new information concerning the
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server program subject areas described in section 6 of this
chapter or subject areas of a trainer program every three (3)
years after the date the alcohol server completes a server
program or a trainer program; and
(3) maintain training verification records of each alcohol server.
(b) A retailer permittee, a dealer permittee, or a management
representative of a retailer or dealer permittee must complete a server
program or a trainer program established or approved under section
5.5 or 6 of this chapter:
(1) not later than one hundred twenty (120) days after the date:
(A) the dealer permittee is issued a permit described in
section 2 of this chapter; or
(B) the retailer permittee is issued a permit described in
section 4 of this chapter; and
(2) every five (5) years after the date the retailer permittee,
dealer permittee, or management representative of the retailer or
dealer permittee completes a server program or a trainer
program.
(c) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews a
permit described in section 4 of this chapter;
of the requirements under subsections (a) and (b).
(d) The commission may suspend or revoke a retailer permittee's
or dealer permittee's permit or fine a retailer permittee or dealer
permittee for noncompliance with this section in accordance with
IC 7.1-3-23.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006,
SEC.16; P.L.94-2008, SEC.21; P.L.10-2010, SEC.5; P.L.13-2013,
SEC.27.
IC 7.1-3-1.5-14
Server certificate
Sec. 14. A server program established or approved under section
6 of this chapter must provide a server certificate to an individual
who successfully completes the server program.
As added by P.L.165-2006, SEC.17. Amended by P.L.94-2008,
SEC.22.
IC 7.1-3-1.5-14.5
Trainer certificate
Sec. 14.5. A trainer program established or approved under section
5.5 of this chapter must provide a trainer certificate to an individual
who successfully completes the program.
As added by P.L.94-2008, SEC.23.
IC 7.1-3-1.5-15
Observation of server program
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Sec. 15. The commission may attend and observe training by a
certified trainer under a server program established or approved under
section 6 of this chapter at any time.
As added by P.L.165-2006, SEC.18. Amended by P.L.94-2008,
SEC.24.
IC 7.1-3-1.5-15.5
Observation of trainer program
Sec. 15.5. The commission may attend and observe training under
a trainer program established or approved under section 5.5 of this
chapter at any time.
As added by P.L.94-2008, SEC.25.
IC 7.1-3-1.5-16
Rules
Sec. 16. The commission shall adopt rules under IC 4-22-2 to
carry out this chapter.
As added by P.L.165-2006, SEC.19.
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