1. (a)

   1. (1) The Alcoholic Beverage Control Board shall oversee a server training program designed to encourage permittees and their employees to treat the sale and service of alcoholic beverages in a responsible manner.
   2. (2) The program shall be entitled “the responsible permittee program”.

2. (b)

   1. (1) A permittee who seeks to qualify under the responsible permittee program must provide to the board evidence of compliance with the requirements of this section.
   2. (2) Upon satisfactory proof that the permittee or his or her employees have complied with the requirements, the board shall certify the permittee under the responsible permittee program.
   3. (3) Certification as a responsible permittee shall be renewed annually.
   4. (4) The board may revoke or suspend a permittee’s certification for noncompliance with this section.

3. (c) In order to qualify for certification, the permittee shall comply with the following requirements:

   1. (1) Attend a course of instruction approved and certified by the board which shall include subjects dealing with alcoholic beverages as follows:

      1. (A) Education on the dangers of drinking and driving;
      2. (B) State laws regarding the sale of alcoholic beverages for:

4. (i) On-premises consumption;

   1. (ii) Off-premises consumption; or

      1. (iii) Both;
      2. (C) Methods of recognizing and dealing with underage customers; and

      3. (D) The development of specific procedures for:

         1. (i) Refusing to sell alcoholic beverages to underage customers;
         2. (ii) Assisting employees in dealing with underage customers;
         3. (iii) Dealing with intoxicated customers; and
         4. (iv) Such other matters as may be deemed appropriate and approved by the board;
   2. (2) Require each employee who is authorized to sell alcoholic beverages in the normal course of his or her employment to complete the responsible permittee training course set out in subdivision (c)(1) of this section within thirty (30) days of commencing employment; and

   3. (3) Maintain employment records of the training of its employees required by this section.

      1. (d) The board shall consider certification of a permittee in the responsible permittee program in mitigation of administrative penalties or fines for a permittee’s or employee’s violation of state laws and rules relating to the sale of alcoholic beverages.

5. (e)

   1. (1) There is imposed on each permittee and each employee who applies for certification under this program a maximum attendance fee of twenty-five dollars ($25.00).

   2. (2) All monies collected under this section shall be:

      1. (A) Payable directly to the program provider; and
      2. (B) Used to fund such server training programs as may be approved by the board.
   3. (3) Neither permittees nor employees attending such approved programs shall be charged any additional fee by the program provider.

6. (f)

   1. (1) Any applicant seeking to become a program provider under the responsible permittee program must submit to the board a course curriculum that shows how the applicant meets the requirements of subdivision (c)(1) of this section.
   2. (2) The board will send the applicant written notification of certification approval or denial.

7. (g) A list of the program providers approved by the board under the responsible permittee program shall be:

   1. (1) Maintained by the Alcoholic Beverage Control Division; and
   2. (2) Made available upon request by any permittee.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Adopted 8-19-93)”.