Senate Bill No. 77

(By Senators Unger and Foster)

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[Introduced January 11, 2012; referred to the Committee on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; to amend and reenact §60-3A-4 of said code; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner; allowing for the training to be done onsite by a manager or supervisor; and providing legislative rule-making authority.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60-3A-3a; that §60-3A-4 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §60-7-9, all to read as follows:

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-3a. Mandatory training for retail outlet employees.

    (a) Any point of sale employee of a retail outlet licensed pursuant to the provisions of this article, who is hired on or after July 1, 2012, shall participate in the techniques for education and alcohol management program (TEAM), the training for intervention procedures course (TIPS), alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education programs provided or approved by the commissioner, within sixty days of commencing employment and at least once every three years thereafter. Any point of sale employee who was employed prior to July 1, 2012, shall participate in one of the training programs specified in this section or other similar programs provided or approved by the commissioner before July 1, 2013, and at least once every three years thereafter.

    (b) The Commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section. These rules shall provide that the training may be offered to point of sale employees by a supervisor or manager or someone designated by the supervisor or manager to provide the training once these individuals have successfully completed the course and can offer the required training on-site without requiring the point of sale employee to attend off-site training.

§60-3A-4. Definitions.

    (a) “Active retail license” means a current license for a retail outlet that has been open and in continuous operation for a period of not less than twelve months prior to July 1, 2010, or July 1 every ten years thereafter.

    (b) “Active retail licensee” means a person who holds an active retail license at the time of the effective date of the amendments to this section during the first extraordinary session of the Legislature in 2009 or that person’s successor or any person who holds an active retail license when it expires at the end of a ten-year period.

    (c) “Applicant” means any person who elects to pay a purchase option for a Class A retail license, who bids for a retail license or who seeks the commissioner’s approval to purchase or otherwise acquire a retail license from a retail licensee, in accordance with the provisions of this article.

    (d) “Application” means the form prescribed by the commissioner which must be filed with the commissioner by any person bidding for a retail license.

    (e) “Board” means the Retail Liquor Licensing Board created by this article.

    (f) “Class A retail license” means a retail license permitting the retail sale of liquor at a freestanding liquor retail outlet.

    (g) “Class B retail license” means a retail license permitting the sale of liquor at a mixed retail liquor outlet.

    (h) “Commissioner” means the West Virginia Alcohol Beverage Control Commissioner as set forth in article 2 of this chapter.

    (h) (I) “Current retail licensee” means a person who holds a retail license at the time of the effective date of the amendments to this section during the first extraordinary session of the Legislature in 2009 or that person’s successor or any person who holds a retail license when it expires at the end of a ten-year period.

    (I) (j) “Designated areas” means one or more geographic areas within a market zone designated as such by the board.

    (j) (k) “Executive officer” means the president or other principal officer, partner or member of an applicant or retail licensee, any vice president or other principal officer, partner or member of an applicant or retail licensee in charge of a principal business unit or division, or any other officer, partner or member of an applicant or retail licensee who performs a policy-making function.

    (k) (l) “Freestanding liquor retail outlet” means a retail outlet that sells only liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco related products.

    (l) (m) “Liquor” means alcoholic liquor as defined in section five, article one of this chapter and also includes both wine and fortified wines as those terms are defined in section two, article eight of this chapter.

    (m) (n) “Market zone” means a geographic area designated as such by the board for the purpose of issuing retail licenses.

    (n) (o) “Mixed retail liquor outlet” means a retail outlet that sells liquor, beer, nonintoxicating beer and other alcohol-related products, including tobacco related products, in addition to convenience and other retail products.

    (o) (p) “Person” means an individual, firm, corporation, association, partnership, limited partnership, limited liability company or other entity, regardless of its form, structure or nature.

    (q) “Point of sale employee” means an employee of a retail outlet as defined in this section or a private club as defined in subsection (a), section two, article seven of this chapter at the place where the sale or purchase of liquor is made.  

    (p) (r) “Retail license” means a license issued under the provisions of this article permitting the sale of liquor at retail.

    (q) (s) “Retail licensee” means the holder of a retail license.

    (r) (t) “Retail outlet” means a specific location where liquor may be lawfully sold by a retail licensee under the provisions of this article.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-9. Mandatory training for private club employees.

    (a) Any employee of a private club licensed pursuant to the provisions of this article, who serves alcohol and who is hired on or after July 1, 2012, shall participate in the techniques for education and alcohol management program (TEAM), the training for intervention procedures course (TIPS), alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education programs provided or approved by the Commissioner, within sixty days of commencing employment and at least once every three years thereafter. Any employee who serves alcohol and who was employed prior to July 1, 2012, shall participate in one of the training programs specified in this section or other similar programs provided or approved by the Commissioner before July 1, 2013, and at least once every three years thereafter.

    (b) The Commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this section. These rules shall provide that the training may be offered to point of sale employees by a supervisor or manager or someone designated by the supervisor or manager to provide the training once these individuals have successfully completed the course and can offer the required training on-site without requiring the point of sale employee to attend off-site training.

    NOTE: The purpose of this bill is to require certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

    §60-3A-3a and §60-7-9 are new; therefore, strike-throughs and underscoring have been omitted.