Section 436.1533. Off-premises server training; requirements.

(1) As used in this rule, all terms and phrases shall have the same meaning as defined in Section 906(1) of the act.

(2)   The commission shall approve the establishment of an off-premises server training program designed for off-premises licensees. The commission may adopt the existing standards and programmatic framework  of   private entities   and  may delegate nondiscretionary administrative functions to outside private entities.

(3)        A person may apply to the commission for qualification as an administrator for the offering of an off-premises server training program and instructor certification classes. Upon approval by the commission of an off-premises server training program, the commission shall appoint the person sponsoring the server training program as an administrator of that program.

(4)   The commission shall issue an instructor certification to an individual presenting evidence acceptable to the commission of having successfully completed instructor certification classes and shall issue an identification card indicating that certification by the commission.

(5)     The commission shall approve a curriculum for a server training program presented by a certified instructor in a manner considered by the commission to be adequate that includes, but is not limited to,  all  of  the following topics:

(a) Identification of the visible signs associated with intoxication.(b) Implementation  of intervention  procedures  and  maintaining incident reports.

(c)   The understanding of acceptable forms of  personal  identification, techniques for determining the validity of identification, and procedures for dealing with fraudulent identification.

(d)  Assessment of the need to ask for identification based on appearance or company policy.

(e)   The identification of potential second-party sales and furnishing of alcoholic liquor to minors by persons 21 years of age or over.

(f)    The understanding of Michigan laws pertaining to minors attempting to purchase and second-party sales or furnishing of alcoholic liquor from adults to minors.

(g)     The understanding  of   possible  legal,  civil,  and  administrative consequences of violations of this act, the rules  of the  commission,  and other pertinent state laws.

(h)   Knowledge of the legal hours of alcohol sales.

(i)   Any other pertinent laws as determined by the commission.

(6)        If the commission conditionally approves the issuance of a license for the purpose of meeting the server training requirements of that approval, then the time period allowed for meeting the server training requirements shall commence on the date the license is issued.

(7)    An administrator of a server training program approved by the commission shall administer a comprehensive examination to participants of the program, including individuals seeking certification as instructors within the program. The examination shall thoroughly test the individual's knowledge and competency in the curriculum topics required by subrule (5) of this rule. The minimum passing grade for the examination,  for   instructor certification, and for all other participants in the  program

shall be not less than 70%, but shall be not less than 85% for instructors if administered the same examination as other participants in  the  program.  Examinations administered   in  other  than  a   written  form  must  be  approved  by  the  commission.

Examinations may be proctored by someone other than a certified instructor

of the server training program if the proctor is an agent of the administrator of the server training program and is acceptable to the commission. Other methods of administering an examination must be approved by the commission.

(8)     If  server  training  or  instructor  training  is  conducted  by the administrator of a server training program approved by the commission by means other than classroom training, then the alternative training method must first be approved by the commission.

(9)      Certification issued by the administrator of an approved server training program for instructors and other participants shall expire not more than 3 years from the date of issuance.

(10)     An off-premises licensee, when ordered by the commission to meet a server training requirement, shall maintain on the licensed premises proof of active, unexpired server training certification or current recognition by a server training program approved by the commission for those persons included

in the commission order.

History: 2010 AACS.