Beverage Service Training and Related Practices

Although the effective date of California's enacting legislation establishing a mandatory beverage service training program was January 1, 2018, the program does not become fully implemented and enforceable until July 1, 2021.

Note that prior to January 1, 2018, California had only a voluntary beverage service training program.

Although the effective date of California's enacting legislation establishing a mandatory beverage service training program was January 1, 2018, the program does not become fully implemented and enforceable until July 1, 2021.

Note that prior to January 1, 2018, California had only a voluntary beverage service training program.

A liquor-licensed drugstore that sells alcohol beverages must obtain certification as a responsible alcohol beverage vendor. A training program must be attended by the resident on-site owner (if applicable) or manager, and all employees selling alcohol beverages.

Although the effective date of Illinois’ enacting legislation establishing an on-premises beverage service training program was August 15, 2014 (see 2014 Ill. Laws 98-939, §5, as amended by 2015 Ill. Laws 99-46, §5), on-premises alcohol servers in Cook County are required to complete training in basic responsible alcohol service as outlined in 77 Ill. Adm. Code 3500 by July 1, 2015, or within 120 days after beginning employment, whichever is later. All servers in a county, other than Cook, with a population of 200,000 or more must complete training by the later of July 1, 2016, or within 120 days after employment. All servers in a county with a population of more than 30,000 and less than 200,000 are required to complete training by the later of July 1, 2017, or within 120 days after employment. All alcohol servers in counties with a population of 30,000 or less are required to complete training by the later of July 1, 2018, or within 120 days after employment. From July 1, 2015 through December 31, 2015, enforcement is limited to education and notification of the requirements to encourage compliance.

The mitigation of penalties incentive does not apply if a sale is made to a minor under the age of 18.

Michigan provides for a liability insurance discount as an incentive for retailers to implement beverage service training. See Mich. Comp. Laws § 500.2405.

Minnesota provides for a reduced license fee as an incentive for retailers to implement beverage service training, among other programs. See Minn. Stat. § 340A.408(3)(c)(1).

Although the effective date of Montana's enacting legislation adding a mandatory server training requirement was October 1, 2011 (see 2011 Mont. Laws 412), the mandatory training requirement was not fully implemented and enforceable and did not replace the voluntary server training program until January 13, 2012 (with a 30-day grace period).

Although the effective date of Nevada's enacting legislation establishing a beverage service training program was June 17, 2005 (see 2005 Nev. Stat. 497), by its terms the program will not be fully implemented and enforceable until July 1, 2007 (with a 30-day grace period). The applicability of Nevada's "alcoholic beverage awareness program" to on-sale retailers is limited to establishments located in a jurisdiction that: (a) is located in a county whose population is 100,000 or more; or (b) is located in a county whose population is less than 100,000, if the governing body of the jurisdiction has, by the affirmative vote of a majority of its members, agreed to be bound by the provisions of section 9 of the act. In addition, prior to July 1, 2011, the applicability to off-sale retailers was limited to establishments in counties whose populations were 400,000 or more. Beginning July 1, 2011 this applicability is limited to off-sale retail establishments in counties whose populations are 700,000 or more.

In certain proceedings to revoke, cancel or suspend a retail license based on furnishing to a minor, it can be an affirmative defense that at the time of the violation the person who committed the alleged violation held a valid certificate of completion or renewal from an entity authorized to give and administer an alcohol training awareness program, and that the licensee had diligently implemented and complied with all of the provisions of the approved training program. The licensee is required to prove each element of the affirmative defense by a preponderance of the credible evidence. N.Y. Alco. Bev. Cont. Law § 65(6).

Although the effective date of Rhode Island's enacting legislation establishing a mandatory beverage service training program was June 25, 2004 (see R.I. Gen. Laws § 3 -7-6.1), due to the subsequent amendments, the program did not become fully implemented and enforceable until April 1, 2006. Note that prior to June 25, 2004, Rhode Island had only a voluntary beverage service training program.

South Carolina has a limited server training law that applies only to on-premises sales of beer at breweries. APIS does not include laws limited to breweries, wineries, or distilleries for purposes of this policy topic.

Although the approval date of Tennessee's enacting legislation establishing a voluntary beverage service training program applicable to off-premises sale of beer was June 5, 2006, the program did not become fully implemented and enforceable until July 1, 2007. Note that prior to June 5, 2006, Tennessee had only a mandatory beverage service training program applicable to on-premises sales of alcoholic beverages.

Although the effective date of Tennessee's enacting legislation establishing a mandatory beverage service training program for: (a) "retail food store wine licensees," and (b) retailers licensed to sell "alcoholic spirituous beverages, including beer and malt beverages, to patrons or customers, in sealed packages only, and not for consumption on the premises except for conducting tastings," was March 20, 2014 (see 2014 Tennessee Laws Pub. Ch. 554), by its terms the program will not be fully implemented and enforceable until July 1, 2016.

In Utah, the Off-Premises Establishments subject to Mandatory training are "off-premise beer retailers." "Off-premise beer retailers" are licensed to sell "beer," which in Utah is any product that contains not more than 3.2 percent alcohol by weight (ABW) and is obtained by fermentation, infusion, or decoction of any malted grain.

Please see Federal Law for this policy topic.