Mich. Admin. Code R. 436.1533 - Off-premises server training; requirements
Rule 33.
(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.
Notes
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