TITLE 3. ALCOHOLIC BEVERAGES
Title of Regulation: 3VAC5-70. Other Provisions (amending 3VAC5-70-210).
Statutory Authority: §§ 4.1-103 and 4.1-227 of the Code of Virginia.
Effective Date: March 16, 2011.
Agency Contact: Jeffrey L. Painter, Chief Administrative Officer, Department of Alcoholic Beverage Control, P.O. Box 27491, Richmond, VA 23261, telephone (804) 213-4621, FAX (804) 213-4411, TTY (804) 213-4687, or email jeffrey.painter@abc.virginia.gov.
Summary:
This action carries out the mandate of Chapter 513 of the 2008 Acts of Assembly, which amends § 4.1-227 of the Code of Virginia and requires the Alcoholic Beverage Control Board to promulgate a regulation providing for a reduction in penalty in certain disciplinary actions against licensees, where the licensee can demonstrate that it has provided certified alcohol server training to its employees. The amended regulation encourages alcoholic beverage seller/server training.
Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.
3VAC5-70-210. Schedule of penalties for first-offense violations.
A. Any licensee charged with any violation of board regulations or statutes listed below, if the licensee has no other pending charges and has not had any substantiated violations of regulation or statute within the three years immediately preceding the date of the violation, may enter a written waiver of hearing and (i) accept the period of license suspension set forth below for the violation, or (ii) pay the civil charge set forth below for the violation in lieu of suspension. In the case of a violation involving the sale of beer, wine, or mixed beverages to a person at least 18 but under 21 years of age, or to an intoxicated person, or allowing consumption of such beverages by such person, any retail licensee that can demonstrate that it provided alcohol seller/server training certified in advance by the board to the employee responsible for such violation within the 12 months immediately preceding the alleged violation may accept the lesser period of license suspension or pay the lesser civil charge listed below for the violation in lieu of suspension. Any notice of hearing served on a licensee for a violation covered by this section shall contain a notice of the licensee's options under this section. Any licensee who fails to notify the board of its intent to exercise one of the options provided for under this section within 20 days after the date of mailing of the notice of hearing shall be deemed to have waived the right to exercise such options and the case shall proceed to hearing. For good cause shown, the board may, in its discretion, allow a licensee to exercise the options provided for under this section beyond the 20-day period.
B. For purposes of this section, the Virginia Department of Alcoholic Beverage Control will certify alcohol seller/server training courses that provide instruction on all the topics listed on the Seller/Server Training Evaluation form. The following steps should be completed to submit a training program for approval:
1. Complete the Alcohol Seller/Server Training Data Sheet and review the Seller/Server Training Evaluation form to make sure the program will meet the listed criteria; and
2. Submit the Alcohol Seller/Server Training Data Sheet and a copy of the proposed training program materials for review. Materials submitted should include copies of any lesson plans and instructional materials used in the training program.
Requests for certification of training courses should be sent to:
Virginia Department of Alcoholic Beverage Control
Education Section
P. O. Box 27491
Richmond, VA 23261
Email correspondences: education@abc.virginia.gov
Persons in charge of any certified alcohol server training course shall maintain complete records of all training classes conducted, including the date and location of each class, and the identity of all those successfully completing the course.
NOTICE: The following forms used in administering the above regulation were filed by the agency. Amended or new forms are listed and are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name to access a form. The forms are also available through the agency contact or at the Office of Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, VA 23219.
FORMS (3VAC5-70)
Order and Permit for Transportation of Alcohol, #703-69 (eff. 11/87).
Order and Permit for Transportation of Alcoholic Beverages, #703-73.
Mixed Beverage Annual Review-Instructions for Completion, #805-44 (rev. 11/06).
Application for Off Premises Keg Permit, #805-45 (eff. 1/93).
Application for Grain Alcohol Permit, #805-75.
Special Event License Application Addendum-Notice to Special Event Licenses Applicants, Form SE-1 (rev. 08/02).
Statement of Income & Expenses for Special Event Licenses (with instructions), Form SE-2 (rev. 08/02).
[ Alcohol Seller/Server Training Data (eff. 7/09).
Seller/Server Training Evaluation (eff. 7/09).
Alcohol Seller/Server Training Data Form and Evaluation Form (eff. 7/09). ]
VA.R. Doc. No. R09-1678; Filed February 2, 2011, 11:29 a.m.