La. Admin. Code tit. 55, § VII-511 - Responsible Vendor Program Minimum Course Standards
A. Classroom Instruction
1. Alcoholic Beverage and Tobacco Products
Classroom Training-must include at least two hours of classroom instruction,
exclusive of breaks and examination time, presented in a continuous block of
instruction. Classes shall be limited to no more than one 10-minute break per
hour.
2. Tobacco Products-must
include at least one hour of classroom instruction, exclusive of breaks and
examination time, presented in a continuous block of instruction.
B. Computer Based Instruction
1. Alcoholic Beverage and Tobacco Products
Online Training-must include:
a. A secure log
in and data transfer process to ensure security:
i. a unique log in is required for each
server or security personnel that only allows that server or security personnel
to access course and exam;
ii.
server or security personnel shall not be able to modify first name and last
name on user profile;
iii. server
or security personnel provides data required by the ATC to issue
permits;
iv. encryption, secure
socket layer (SSL) or like, for personal information data transfer between
website forms and database;
b. course and exam access information is
provided to server or security personnel via email and/or directly after point
of purchase;
c. online course shall
automatically log users out after a minimum of 30 minutes of inactivity. Server
or security personnel must be able to start where they left off;
d. online course shall provide a minimum of
two hours of course instruction;
e.
linear navigation requires participant to view all modules in course. Each the
screen or module must be completed before proceeding to the next;
f. servers or security personnel cannot take
the exam until the course has been fully completed;
g. a provider shall take extra measures to
ensure to deter fraud and verify the identity of each student. Ways to prevent
fraudulent course and test taking shall include, but are not limited to:
i. obtaining the log-in and log-off
times;
ii. discontinuing an
examination if it stays idle after a minimum period of 10 minutes of
inactivity;
iii. asking each
student personal identifying questions:
a).
the server or security personnel must be asked a minimum of ten personal
identifying questions before starting the exam;
b). server or security personnel must answer
correctly a minimum of 5 randomly selected personal validation questions
throughout the exam;
h. exam must be completed in one sitting. If
Server or security personnel logs out, server must start over at the beginning
of the exam;
i. the time allotted
to take the examination shall not exceed 90 minutes;
j. if the time limit is exceeded or personal
validation questions are answered incorrectly, the exam shall be reset and
server must start over at the beginning of the exam;
k. server or security personnel must enter
same exam access information to restart exam after exit;
l. server or security personnel will be
allowed two exits from the exam before being locked out. The provider shall
take sufficient measures to allow a student to re-access a previously started
exam in the case of inadvertent logout;
m. approved providers must rotate the exam
questions on a regularly scheduled basis to ensure exam security and
validity;
n. the exam must include
the 10 required Louisiana responsible vendor questions and then a minimum of 15
questions developed by the provider. The exam provider shall provide a bank
from which the provider questions are taken which shall have a minimum of three
times the number of items as the number of questions on the exam;
o. a server or security personnel must have
adequate access to help desk/customer service during standard business hours to
resolve technical issues without delaying the flow of instruction or
examination;
p. no provider-based
advertisements shall appear during the course of instruction and
examination.
C. The approved server or security personnel
training course shall be presented in its entirety to each student in a
language approved by the program administrator.
D. Each server or security personnel training
course must include an examination approved by the program administrator, which
is administered by the trainer immediately following the course presentation.
Students shall take the examination in writing, unless special circumstances
require an oral examination. With the approval of the program administrator,
the test may be offered in a language best understood by the student, or
bilingual trainers may, in response to direct inquiries, clarify test questions
using another language. Each student shall correctly answer at least 70 percent
of the examination questions. Students who receive failing scores may be
retested once at a time and place to be determined by the trainer. Otherwise,
students must repeat the full course for an additional fee.
E. All training facilities shall meet the
requirements of the Americans with Disabilities Act (ADA) and shall have
adequate lighting, seating, easily accessible restrooms, and comfortable room
temperature.
F. At the beginning of
each server or security personnel training course, the trainer shall give each
student:
1. an enrollment agreement that
clearly states the obligations of the trainer and student, refund policies, and
procedures to terminate enrollment;
2. a notice that a student must complete the
course in order to take the examination;
3. a server training and/or a security
personnel training workbook, approved by the program administrator, that is
current, complete, and accurate. The workbook shall include an outline of the
minimum course curriculum, table of contents, titles, subheadings, and page
numbers. Physical specifications must meet the following minimum standards:
a. minimum dimensions of paper size must be 8
1/2 by 11 inches;
b. paper stock,
excluding front and back cover, shall be white or near white, and of a quality
and weight suitable for reproduction and note-taking with no ink bleed
through;
c. type must be a minimum
of 11-point in a type style commonly used for textbooks and
periodicals;
d. binding must firmly
hold the pages together in correct order and be sufficient for use during the
course and as a reference;
e.
professional printing and typesetting are not required, but reproductions must
be clear, readable, and letter quality;
f. for ease of reading and adequate room for
note-taking, white space must be a minimum of 30 percent per page with the
print or copy to be no more than 70 percent of the page.
g. each student must be provided a copy of
the applicable training workbook(s), in either paper or electronic format, that
the student retains upon completion of sever and/or security personnel training
course.
G. No
server or security personnel training class shall include more than 100
students and students that arrive more than 15 minutes after the class begins
shall not be admitted.
H. The
classroom presentation must be consistent with the approved program.
I. Discussions must be pertinent to
responsible beverage alcohol or tobacco sales, service, and
consumption.
J. The program
administrator or their designee may attend any class or computer-based course
to evaluate conformance with the program certified by the program
administrator.
K. At least seven
days in advance, the approved provider or their authorized trainers shall give
written notice to the Office of Alcohol and Tobacco Control of the date, time,
and location of all courses scheduled. The Office of Alcohol and Tobacco
Control shall be notified by phone or fax of course cancellations prior to the
course date except when cancellation cannot be anticipated, in which case
notification shall be within three business days of the scheduled course
date.
L. Minimum Course Standards
for Alcoholic Beverage and Tobacco Product Server Training Courses. To be
certified to issue a server permit, the provider's course of instruction shall
include the subject areas specified in
R.S.
26:933(C), as well as the
following.
1. Introduction:
a. brief review of the law creating the
Louisiana Responsible Vendor Program, which shall include when the program was
enacted, who is required to participate and how, when it becomes mandatory,
nature of permits issued to server, when server permits expire, obligation of
server to attend a course every two years, and server renewal
procedures;
b. objectives of the
Responsible Vendor Program, which shall include education of vendors, servers,
and their customers about responsible sales, service, and consumption of
alcohol and tobacco; and prevention of the misuse, illegal use, and abuse of
alcohol.
2. Alcoholic
beverage and tobacco products course:
a.
classification of alcohol as a depressant and its effect on the human body,
particularly on the ability to drive a motor vehicle:
i. alcohol is a depressant not a
stimulant;
ii. how alcohol travels
through the body, including how quickly it enters the bloodstream and reaches
the brain;
iii. alcohol's effect on
a person's ability to drive a motor vehicle, specifically reviewing alcohol's
effect on a person's behavior, self-control, and judgment;
iv. outline of Louisiana's driving while
intoxicated laws and penalties for violations;
b. effects of alcohol when taken with
commonly used prescription and nonprescription drugs:
i. mixing alcohol with other drugs can
produce dangerous side effects. It is especially dangerous to drive under the
influence of alcohol and other drugs because of the increased impairment due to
both;
ii. alcohol and other
depressant drugs. Mixing alcohol with other depressants dangerously increases
the depressant effect on the body;
iii. alcohol and stimulants. Stimulants do
not cancel the intoxication and impairment due to alcohol;
iv. alone, many prescription and
nonprescription drugs impair the ability to drive a motor vehicle;
v. the effects of commonly used prescription
and nonprescription drugs;
vi.
review of the effects of contemporary designer drugs such as GHB and
Rohypnol;
c. absorption
rate, as well as the rate at which the human body can dispose of alcohol and
how food affects the absorption rate:
i. rate
at which the human body absorbs alcohol;
ii. blood alcohol concentration (BAC) and how
to estimate a person's BAC. Include drink equivalency guidelines;
iii. how the human body disposes of
alcohol;
iv. the effect of food on
the absorption rate;
v. time is the
only real factor that reduces intoxication;
d. methods of identifying and dealing with
underage and intoxicated persons, including strategies for delaying and denying
sales and service to intoxicated and underage persons:
i. procedures and methods for detecting false
identification;
ii. procedures and
methods for denying service or entry to underage persons;
iii. procedures and methods for identifying
intoxicated persons including behavioral warning signs and other signs of
impairment;
iv. procedures and
methods for preventing over intoxication;
v. procedures and methods for terminating
service to intoxicated persons;
e. state laws and regulations regarding the
sales and service of alcoholic beverages for consumption on or off premises:
i. legal forms of identification in
Louisiana;
ii. legal age to
purchase, possess, and consume alcohol and penalties for violation;
iii. legal age to enter licensed premises and
penalties for violation;
iv. legal
age to be employed by a vendor and penalties for violation;
v. acts prohibited on licensed premises and
penalties for violation;
f. parish and municipal ordinances and
regulations that affect the sale and service of alcoholic beverages for
consumption on or off the licensed premises. These provisions will depend on
the jurisdiction of the servers attending the class and may vary according to
the parish and municipality:
i. legal hours
of operation and Sunday sales;
ii.
noise, litter, and zoning;
iii.
leaving premises with alcohol;
iv.
preemption of parish and municipal server training courses;
v. parish or municipal server licensing
requirements;
vi. other relevant
regulations;
g. state
and federal laws and regulations related to the lawful age to purchase tobacco
products and age verification requirements:
i. state and federal legal purchasing
age;
ii. federal age verification
requirements;
iii. state and
federal laws and regulations related to vending machines;
iv. state laws related to sign posting
requirements;
v. state laws related
to minimum packaging requirements.
3. Tobacco Products Course
a. Outline and review of all relevant changes
to local, state, and federal laws, rules and regulations affecting the retail
operation of tobacco businesses. With regard to local laws, rules and
regulations, each approved provider shall determine the changes for each
jurisdiction in which it offers Tobacco courses and submit their local tobacco
curriculum to the program administrator for approval;
b. state and federal laws and regulations
related to the lawful age to purchase tobacco products and age verification
requirements:
i. state and federal legal
purchasing age;
ii. federal age
verification requirements;
iii.
state and federal laws and regulations related to vending machines;
iv. state laws related to sign posting
requirements;
v. state laws related
to minimum packaging requirements;
c. state laws and regulation regarding the
sales and service of tobacco products:
i.
legal form of identification in Louisiana;
ii. procedures and methods for detecting
false identification;
d.
guidelines for prevention of tobacco use and addiction:
i. health risks;
ii. addiction problems with
adolescents;
iii. health effects of
smoking among young people;
e. what you should know about tobacco:
i. tobacco and athletic
performance;
ii. tobacco and
personal appearance;
f.
state laws and regulations regarding the sales and service of the Louisiana
Lottery Corporation Law:
i. a review of the
Louisiana Lottery Corporation Law, which shall include when it was
established;
ii. legal age to
purchase a lottery ticket and penalties for violation;
iii. legal age to claim a lottery
ticket;
iv. legal age to sell
lottery ticket;
v.
advertisement;
g. parish
and municipal ordinances and regulations that affect the sale and service of
tobacco products. These provisions will depend on the jurisdiction of the
servers attending the class and may vary according to the parish and
municipality.
M. Minimum Course Standards for Security
Personnel Training Courses. To be certified to issue a server permit for
security personnel, the provider's course of instruction shall include the
subject areas specified in
R.S.
26:933(C) and (D) and the
minimum course standards specified on subsection L of these regulations as well
as the following:
1. A description of the
role and duties of security personnel that includes the responsibility to
monitor the entrance and other areas of an establishment for purposes of
identifying underage and intoxicated persons; to enforce the establishment's
rules; and to otherwise provide security for the establishment and its
customers.
2. A review of the
skills that make security personnel more effective including communication
skills, self-control, posture, confidence, physical fitness and knowledge of
certain laws.
3. Techniques to
identify and handle disruptive customers and customer altercations including
but not limited to:
a. description of common
types of disturbances;
b.
techniques to identify and manage potentially disruptive customers;
c. proper procedures to employ when removing
a disruptive customer from the premises including common mistakes to avoid;
and
d. identification and
description of the types of resistance security personnel may encounter when
dealing with disruptive customers.
4. Description and review of proper restraint
techniques and when to use such techniques including the following:
a. description and review of "positional
asphyxia" including techniques to manage "positional asphyxia"; and
b. description and review of "excited
delirium" including techniques to manage "excited delirium."
5. Identification and review of
state laws related to the duties and responsibilities of security personnel
including:
a. simple, second degree and
aggravated battery;
b. simple and
aggravated assault;
c. false
imprisonment;
d. simple and
aggravated criminal damage to property;
e. entry on or remaining in places or on land
after being forbidden;
f. simple,
second degree and armed robbery; and
g. disturbing the peace.
N. Minimum Standards and
Certification for an Abbreviated Renewal Course
1. To be certified to conduct abbreviated
renewal server training courses, the approved provider's course of instruction
shall include the following.
a. An Outline
and Review of All Relevant Changes to Local, State, and Federal Laws, Rules and
Regulations Affecting the Retail Operation of Alcohol Beverage and or Tobacco
Businesses. With regard to local laws, rules and regulations, each approved
provider shall determine the changes for each jurisdiction in which it offers
abbreviated renewal courses and submit their local renewal course curriculum to
the program administrator for approval.
b. Statistics Related to Drunk Driving
Arrests, Accidents and Fatalities in Louisiana. The approved provider shall
incorporate the statistics into their abbreviated renewal course curriculum in
the same form and content that it is provided by the program administrator and
compiled from the most current annual report of the Louisiana Highway Safety
Commission or National Highway Traffic Safety Administration.
c. Techniques to Prevent Persons Suspected of
Being Intoxicated from Operating Motor Vehicles.
d. Any Other Information Relevant to the
Prevention of Drunk Driving.
e.
Information Concerning Societal and Health Concerns Related to the Use of
Tobacco Products.
2. All
abbreviated renewal course program content and method of presentation shall be
approved by the Program Administrator prior to conducting any abbreviated
renewal server training courses.
3.
All abbreviated renewal server training courses shall include at least one hour
of classroom instruction exclusive of breaks and examination time, and shall be
presented in a continuous block of time.
4. Each abbreviated renewal server training
course shall include an examination approved by the program
administrator.
5. Prior to teaching
an abbreviated renewal server training course, the trainer must receive proof
of prior training from the server. This proof may consist of a server permit
not having expired for longer than one year, or any other proof deemed valid by
the discretion of the trainer.
6.
Unless otherwise provided for in this Subsection, all other regulations
applicable to regular server training courses shall apply to renewal server
training courses.
Notes
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