Tennesseee's Alcohol Server Responsibility Law

TENNESSEE'S ALCOHOL SERVER RESPONSIBILITY LAW

57-3-701. Short title. This part shall be known as the "Alcohol Server Responsibility and Training Act of 1995." 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-702. Employee and server permits; issuance. The commission is authorized to issue employee permits pursuant to 57-3- 203(d), 57-3-203(e), 57-3-204(c) and server permits pursuant to 57-4-204(h) in accordance with the requirements of this part. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-703. Employee permits; applications. An individual seeking an employee permit pursuant to 57-3-203(d), 57-3- 203(e), and 57-3-204(c) shall make application for such permit by completing an application form in the manner prescribed by the commission. The applicant for employee permit must demonstrate that the applicant meets the following requirements:

(1) The applicant has not been convicted of any crime involving the sale or distribution of alcohol over the previous eight (8) years;

(2) The applicant has not been convicted of any felony within the previous five (5) years;

(3) The applicant is at least eighteen (18) years of age;

(4) The applicant has not had an employee or server permit or any similar type permit issued by the state, any local jurisdiction, or any foreign jurisdiction revoked by any issuing authority within the previous three (3) years;

(5) The applicant does not hold any ownership interest in any licensee or permittee licensed pursuant to 57-3-203, 57-3-204, 57-4-101, or 57-5- 103, nor shall the applicant have had any ownership interest in any such licensee or permittee which has had its license or permit revoked by the issuing authority within the previous eight (8) years; and

(6) The applicant has not had an employee or server permit suspended by the commission unless the commission finds good cause to issue the permit notwithstanding such suspension. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-704. Server permits; applications. Any individual may be eligible for a server permit by completing an application for such permit on the forms provided by the commission. An applicant for a server permit must demonstrate to the commission that the applicant meets the following requirements:

(1) The applicant has not been convicted of any felony within the previous four (4) years;

(2) The applicant has not been convicted of any crime relating to the sale of alcoholic beverages, beer, schedules 1 and 2 controlled substances or any sex- related crime or embezzlement within the previous eight (8) years;

(3) The applicant has not had an employee or server permit or similar permit issued in a foreign jurisdiction revoked by any issuing authority within the previous five (5) years;

(4) The applicant has not had any ownership interest in any licensee or permittee, licensed or permitted pursuant to 57-3-203, 57-3-204, 57-4-101 or 57-5-103 which has had its license or permit revoked by the issuing authority within the previous eight (8) years;

(5) Within one (1) year prior to the submission of the application the applicant has successfully completed a program of alcohol awareness training for persons involved in the direct service of alcohol, wine or beer by an entity certified by the commission to have an adequate training curriculum for alcohol awareness. If, in the determination of the commission, a state other than Tennessee is deemed to have an adequate program of alcohol awareness training, then the successful completion of such training in that state within one (1) year prior to the submission of an application to the commission for a server permit shall satisfy the requirement of alcohol awareness training; and

(6) The applicant is at least eighteen (18) years of age. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995; 2001 Pub.Acts, c. 279, 2, eff. May 22, 2001.

57-3-705. Alcohol awareness training; certification of organizations or entities.
The commission shall certify any organization or entity seeking to provide alcohol awareness training for employees or servers, or both, upon adequate demonstration to the commission that the curriculum, faculty, materials and facilities of the organization or entity meet such minimum standards as shall be fixed by the commission. The commission is authorized to review the adequacy of the curriculum, faculty, materials and facilities of any certified trainer at any time. Failure of any certified trainer to maintain adequate records, respond to a request for information from the commission, or meet the minimum standards prescribed by the commission shall be grounds to decertify the organization or entity. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-706. Criminal record reviews. The commission may conduct a criminal record review of any applicant for an employee or server permit to insure the applicant's compliance with the requirements of this part. The commission shall employ the best available means to conduct this investigation. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-707. Temporary employee or server permits. The commission may issue a temporary employee or server permit to an applicant, which temporary permit shall not exceed sixty (60) days, upon the filing of a completed application, submitted under penalty of perjury, establishing that the applicant meets the requirements imposed by this part. No licensee shall be liable for a violation of this title involving the employment of a person who fails to meet the requirements for employment, if that person has been issued a temporary employee or server permit by the commission. Upon payment of a reasonable copying fee, the alcoholic beverage commission is authorized and directed to issue replacement permit cards to any cardholder who is qualified under this part for an employee or server permit card which is still valid. Employee and server permit cards are hereby declared the property of the employee or server to whom they have been issued; licensed establishments shall only require a server or employee to provide a copy of such cards for keeping by the establishment. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995; 1999 Pub.Acts, c. 206, 1, eff. May 19, 1999; 2001 Pub.Acts, c. 279, 1, eff. May 22, 2001.

57-3-708. Permits; expiration, renewal, transferability. Each employee and server permit shall be valid for five (5) years. Applications for renewal shall be made in the same manner as applications for original permits upon forms prescribed by the commission. Employee and server permits are not transferrable. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995; 2001 Pub.Acts, c. 279, 3, eff. May 22, 2001.


57-3-709. Fees; applications, renewals, certifications. The commission may assess an application and renewal fee for the permits to be issued under this part. The commission may assess a certification fee to any organization or entity seeking certification under 57-3-705. The commission shall establish such fees, only pursuant to rules promulgated in accordance with title 4, chapter 4, and such fees shall be limited only to covering the costs of implementing this part. The commission shall assess an application and renewal fee for the permits issued under this part in an amount sufficient to fund any cost to the state which results from loss of federal funds to implement and administer this program. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.

57-3-710. Rules; promulgation. The commission is authorized to promulgate appropriate rules to implement this part. 1995 Pub.Acts, c. 396, 1, eff. July 1, 1995.