1. A. Classroom Instruction

   1. 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. 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.

2. B. Computer Based Instruction

   1. 1. Alcoholic Beverage and Tobacco Products Online Training—must include:

      1. a. A secure log in and data transfer process to ensure security:
   2. 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;
   3. ii. server or security personnel shall not be able to modify first name and last name on user profile;
   4. iii. server or security personnel provides data required by the ATC to issue permits;

   5. iv. encryption, secure socket layer (SSL) or like, for personal information data transfer between website forms and database;

      1. b. course and exam access information is provided to server or security personnel via email and/or directly after point of purchase;
      2. 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;
      3. d. online course shall provide a minimum of two hours of course instruction;
      4. e. linear navigation requires participant to view all modules in course. Each the screen or module must be completed before proceeding to the next;
      5. f. servers or security personnel cannot take the exam until the course has been fully completed;

      6. 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:

         1. i. obtaining the log-in and log-off times;
         2. ii. discontinuing an examination if it stays idle after a minimum period of 10 minutes of inactivity;

         3. iii. asking each student personal identifying questions:

            1. a). the server or security personnel must be asked a minimum of ten personal identifying questions before starting the exam;
            2. b). server or security personnel must answer correctly a minimum of 5 randomly selected personal validation questions throughout the exam;
      7. 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;
      8. i. the time allotted to take the examination shall not exceed 90 minutes;
      9. 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;
      10. k. server or security personnel must enter same exam access information to restart exam after exit;
      11. 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;
      12. m. approved providers must rotate the exam questions on a regularly scheduled basis to ensure exam security and validity;
      13. 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;
      14. 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;
      15. p. no provider-based advertisements shall appear during the course of instruction and examination.
3. 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.
4. 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.
5. 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.

6. F. At the beginning of each server or security personnel training course, the trainer shall give each student:

   1. 1. an enrollment agreement that clearly states the obligations of the trainer and student, refund policies, and procedures to terminate enrollment;
   2. 2. a notice that a student must complete the course in order to take the examination;

   3. 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:

      1. a. minimum dimensions of paper size must be 8 1/2 by 11 inches;
      2. 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;
      3. c. type must be a minimum of 11-point in a type style commonly used for textbooks and periodicals;
      4. d. binding must firmly hold the pages together in correct order and be sufficient for use during the course and as a reference;
      5. e. professional printing and typesetting are not required, but reproductions must be clear, readable, and letter quality;
      6. 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.
      7. 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.
7. 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.
8. H. The classroom presentation must be consistent with the approved program.
9. I. Discussions must be pertinent to responsible beverage alcohol or tobacco sales, service, and consumption.
10. 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.
11. 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.

12. L. Fulfillment house means any location or facility for any in-state or out-of-state entity that handles logistics, including warehousing, packaging, order fulfillment, or shipping services on behalf of the holder of a direct shipper license issued pursuant to Louisiana law. Any manufacturer or wine producer of sparkling wine or still wine domiciled outside of Louisiana that authorizes a fulfillment house to ship wine on its behalf shall:

    1. 1. disclose the fulfillment house authorized to ship wine on behalf of the direct shipper licensee, and provide a copy of the written appointment of the fulfillment house to the direct shipper licensee to the commissioner as a supplement to the direct shipper permit application or any renewal thereof;
    2. 2. the direct shipper permit holder shall affirm under penalty of perjury, as part of the direct shipper’s permit application or renewal, that he or she only ships wine, either directly or indirectly through a fulfillment house, from the licensee’s own production;
    3. 3. the following form is required to be submitted as part of the direct shipper’s permit application and any renewal thereof.
13. FULFILLMENT HOUSE APPOINTMENT
14. a. Direct Shipper permit holder acknowledges it is in compliance with LAC 55:VII.335 (Direct Shipment of Sparkling Wine or Still Wine to Consumers in Louisiana).
15. b. Please disclose any fulfillment house authorized to ship wine on your behalf:
16. NAME ADDRESS
17. ________________________ __________________________
18. ________________________ __________________________
19. ________________________ __________________________
20. ________________________ __________________________
21. c. Please provide a copy of the written appointment of the fulfillment house authorized to ship wine on your behalf.
22. d. The undersigned affirms, under penalty of perjury, that your company only ships wine directly or indirectly through the appointed fulfillment house.
23. e. The undersigned affirms, under penalty of perjury, that your company only ships wine directly or indirectly that bears a label, properly registered at http://atc.la.gov/productlabeling, that is not assigned by the wine producer or manufacturer to a wholesaler licensed in Louisiana for sale by such wholesaler.
24. f. The undersigned affirms, under penalty of perjury, that your company shall not ship either directly or indirectly any product associated with any agreement in which a wholesaler licensed by the state of Louisiana has been granted the right to purchase and to sell any sparkling wine or still wine produced by the manufacturer.
25. g. The undersigned acknowledges that by January 15, April 15, July 15, and December 15 of each calendar year your company will require that the appointed fulfillment house submit a statement detailing each shipment made to a Louisiana resident to DTCReports@atc.la.gov.
26. I swear, under penalty of perjury, that all representations made herein are true and correct and, I understand that any misstatement or suppression of fact in an application or accompanying affidavit is ground for denial, withholding, or suspension of a permit in accordance with R.S. 26:84 and R.S. 26:282.
27. _____________________________________
28. Print Full Name of Authorized Representative
29. ______________________________________ ______________
30. Signature of Authorized Representative Date
31. N. A fulfillment house shipping wine on behalf of a direct shipper permit holder is the agent of the direct shipper permit holder and, as such, a direct shipper permit holder is responsible for the acts and omissions of the fulfillment house acting on behalf of the permit holder. A fulfillment house that engages in shipping wine into Louisiana on behalf of a direct shipper permit holder shall consent to the jurisdiction of the Office of Alcohol and Tobacco Control and the State, and shall file quarterly reports detailing each shipment due. These quarterly reports shall be submitted by January 15, April 15, July 15, and December 15 of each calendar year to DTCReports@atc.la.gov.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:931 et seq.

Historical Note

HISTORICAL NOTE: Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 31:940 (April 2005), amended LR 39:1828 (July 2013).