Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 4-471.1 - Responsible alcohol management(a) The board is authorized to offer a responsible alcohol service program to licensees. The program shall consist of four parts: new employe orientation, training for alcohol service personnel, manager/owner training and the displaying of responsible alcohol service signage. New employe orientation shall consist of orienting newly hired alcohol service personnel as to Pennsylvania law relating to the sale, furnishing or serving of alcoholic beverages to minors and visibly intoxicated persons. It shall also mean orienting newly hired alcohol service personnel to responsible server practices, as the term is defined by the board, through regulation. Training for alcohol service personnel shall be as set forth by the board, but at minimum it shall consist of training to prevent service of alcohol to minors and to visibly intoxicated persons. Manager/owner training shall be as set forth by the board, but at a minimum it shall consist of training on how to monitor employes, proper service of alcohol and how to develop an appropriate alcohol service policy. The responsible alcohol service signage shall be as set forth by the board and shall consist of signage dealing with the licensee's policy against sales to minors and visibly intoxicated persons. Alcohol service personnel training may be conducted by the board or by an entity certified by the board to conduct such training.(b) The board shall be authorized to certify and decertify entities that wish to offer training for alcohol service personnel. The training entity and the board shall maintain records establishing the names of individuals who have successfully undergone alcohol service personnel training.(c) Training for managers and owners must be conducted by the board or its employes. The board shall maintain records establishing the names of individuals who have successfully undergone manager/owner training.(d) In order to be considered in compliance with this section for purposes of section 471, a restaurant, retail dispenser, eating place, hotel, club, catering club, distributor and importing distributor licensee shall:(1) have at least fifty per centum of its alcohol service personnel certified as having successfully completed an alcohol beverage servers training;(2) have its manager or owner certified as having successfully completed manager/owner training;(3) have all alcohol service personnel undergo new employe orientation; and(4) have appropriate responsible alcohol service signage posted on the licensed premises. For purposes of this section, an owner is an individual who owns at least twenty-five per centum of the licensed entity.
(e) Licensees ordered to comply with this act pursuant to section 471 who change managers shall have sixty calendar days to have the new manager trained as required by this section. If a licensee ordered to comply with this act pursuant to section 471 hires additional alcohol service personnel, those additional employes shall be deemed to have been certified from their date of hire if they successfully complete an alcohol serving program within sixty days of their date of hire.(f) Upon completion of a certified alcohol service personnel program or the board's owner/manager training program, the participant will be certified by the training entity or the board as having successfully completed the program. Said certification will be valid for two years. The licensee shall keep records of the certification status of its employes, managers and owners, including the name of the employe, manager or owner and the date of that individual's certification, in the same manner as it keeps other business records pursuant to section 493(12). The licensee shall also keep records of its new employe orientation program and records of its responsible alcohol service signage as set forth by the board by regulation.(g) Unless successfully completed prior to appointment, a manager appointed by any restaurant, eating place retail dispenser, hotel, club, limited distillery licensee or distributor licensee shall be required to complete the manager/owner training under subsection (c) within one hundred eighty days of approval of appointment by the board (h) Unless successfully completed prior to being hired, all alcohol service personnel shall be required to complete the training for alcohol service personnel under subsection (b) within six months of being hired by a licensed establishment. Amended by P.L. TBD 2016 No. 39, § 17.4, eff. 8/7/2016.1951, April 12, P.L. 90, No. 21, § 471.1, added 2000, Dec. 20, P.L. 992, No. 141, § 12, effective in 180 days. Amended 2011, Dec. 22, P.L. 530, No. 113, §15, effective in 60 days [ 2/21/2012].