Section 0100-09-.04 - MISCELLANEOUS PROVISIONS(1) Clerk Applicants with Special Needs. Persons with special needs must contact the certified program at least seven (7) calendar days in advance of the training date to request specific assistance in completing that program. Notwithstanding any other provision of these rules, the certified program shall endeavor to provide reasonable accommodations when requested on a case by case basis in compliance with state and federal law.(2)(a) Within ten (10) calendar days of the training date, the responsible beer vendor training program must submit to the responsible beer vendor a list of all clerks who successfully completed the training program and received a certificate of completion. Responsible training beer vendor programs shall maintain records of those successfully completing the training program for a period of at least three years to be available for the Commission to review.(b)(i) If a responsible beer vendor owns and operates several locations (operating under the same business name and corporate name) and is using the same responsible beer vendor program for each location, then clerks and/or employees attending a responsible beer vendor program may-upon the initial training course-designate the various locations within the same responsible beer vendor's operation. The successful completion of the training course will be sufficient for training requirements at each designated location. This option does not apply to individuals working at responsible beer vendor locations owned by different entities. The responsible beer vendor training program will issue a certificate to the clerk/employee for each location designated at the time of the class.(ii) For the purposes of certification costs, employees described in the above paragraph will be counted as an employee for each location.(iii) For clerks desiring to add new responsible beer vendor locations under the same ownership after the initial designation, then new training must occur for each location.(3)(a) Within twenty-one (21) calendar days of the training date, the responsible beer vendor must submit to the Commission a list of all clerks who have successfully completed the training program and received a certificate of completion. Such list shall on be submitted on forms prescribed by the Commission.(b) If the certified program and responsible beer vendor are the same entity (i.e., if the responsible beer vendor has an in-house certified program), then a single notification to the Commission is sufficient.(4) Commission Training Program. To further implement the policy and standards of the Tennessee Responsible Vendor Act of 2006, the Commission may conduct its own training program for clerks. The cost to each clerk in attendance for this training program will be $35.00. While attendance at a responsible beer vendor program for alcohol awareness is required for any clerk working at a responsible beer vendor location, it is not necessary that such clerk attend the Commission program.(5) Each responsible beer vendor shall maintain and have available for review by Commission representatives' employment and training records for all clerks. Such documentation shall include, but is not limited to, the following information for each clerk: (a) Name, address, and social security number;(c) Date of training by certified responsible beer vendor program;(d) Date of required annual training related to updated information, policies and procedures.(6) Loss of Clerk Certification.(a) A certified clerk shall lose their certification under the following circumstances: 1. If the beer board determines that the clerk sold alcoholic beverages to a minor. The clerk shall lose their certification for a period of one year beginning on the date of the beer board's determination; or2. If the clerk receives a criminal conviction of a charge involving the sale of alcoholic beverages to a minor. The clerk shall lose their certification beginning on the date of the conviction, and is further subject to the provisions of T.C.A. § 57-5-301(a)(1); or 3. Certified clerks must annually attend a meeting regarding updated statutory information as required by T.C.A. § 57-5-601 et seq. This annual meeting shall be held for all clerks within the last quarter of each calendar year. Within twenty-one days after the annual training, the responsible beer vendor shall notify the Commission in writing if the certified clerk has not attended the annual meeting regarding updated statutory information as required by T.C.A. § 57-5-601 et seq. Upon such notification by the responsible beer vendor to the Commission, the certification for identified clerk shall immediately become invalid. Such clerk shall not work in a capacity to sell beer directly to consumers for off-premise consumption until the clerk has received the required updated training; or4. If the clerk has not attended at least one annual meeting by the time set forth in these rules and received updated information disseminated by the responsible beer vendor.(b) If a clerk loses their certification but continues to work as a clerk and subsequently, sells beer to an under-aged individual, then the responsible beer vendor shall not be considered a responsible beer vendor for the purposes of disciplinary action taken by a beer board.(7) Name Badge. Each certified clerk is required to wear a name badge issued by the responsible beer vendor. Such name badge shall contain the clerk's legal first name, or "given name," but may omit the clerk's last name, or family name, and must be clearly visible to the general public.(8) Grace Period. (a) Clerks have sixty-one (61) calendar days from their date of hire as a clerk to successfully complete responsible beer vendor training. During this 61 day grace period, if a sale to a minor takes place the Responsible Beer Vendor is treated as having responsible beer vendor status. Any criminal action against the clerk is not affected. If clerks have not received the appropriate training within 61 calendar days of their date of hire, then the responsible beer vendor temporarily loses its status as a responsible beer vendor immediately at the conclusion of the 61 calendar day period. However, if the situation is corrected within thirty (30) calendar days, then upon payment of a civil penalty to the Commission, the status of "responsible beer vendor" may be re-instated. If training does not occur to remedy the situation within thirty (30) calendar days, then the responsible beer vendor status is considered expired and the vendor permanently loses its status as a responsible beer vendor, and a new application must be submitted and training must re-occur.(b) In scenario above, should a beer permittee be subject to disciplinary action by a local beer board for a violation involving the sale of alcoholic beverages to a minor, the Commission will, upon request, advise the beer board that the permittee is not a responsible beer vendor because all employees have not received adequate training in a timely manner.(c) If a clerk who is not eligible to participate in the responsible beer vendor program (i.e., if the clerk is under the age of eighteen) sells alcohol to a minor, then the responsible beer vendor loses its status as a responsible beer vendor and is subject to the discretion of the local beer board as it relates to disciplinary action against the beer permit.(d) Upon request, the Commission will issue an affidavit, signed by appropriate personnel, to certify the status of a clerk or responsible beer vendor. This affidavit will be sufficient in lieu of in-person testimony by a Commission representative before a local beer board.(9) Refusal of Cooperation. Any certified clerk, responsible beer vendor program, responsible beer vendor, its agent, or employee, who refuses to open or disclose its records to, or furnish information to, or who furnishes false and/or misleading information to a TABC special agent, regulatory officer or any representative of the Commission upon any matter directly and/or indirectly relating to the responsible beer vendor program, certification, employees, etc., shall subject the certification and participation in the responsible beer vendor program to suspension and/or revocation.(10) Beer Boards and Local Law Enforcement. Communication between city and/or county beer boards, local law enforcement and the Commission is vital for the success of the Responsible Beer Vendor program. (a) When a vendor appears before a city or county beer board for an administrative charge of the sale of alcohol to a minor, the Commission will either:1. Verify the vendor and/or clerk who sold the alcohol to a minor are certified and are eligible for mitigation in disciplinary action according to the statute; or2. Verify such vendor and/or clerk have not been certified, and are not eligible for mitigation in disciplinary actions by the regulating beer board.(b) Local beer boards should notify the Commission when disciplinary actions involving the sale of alcoholic beverages to a minor have been taken against an off-premise beer permittee within 15 days of such action.(c) If a beer permittee represents to a city or county beer board that they are a responsible beer vendor but are not, then the city or county beer board should notify the Commission of such misrepresentation. Such beer permittee shall be ineligible to participate in the responsible beer vendor program for a period of three (3) years from the date of misrepresentation.(d) Local law enforcement should notify the Commission when an employee of an off - premise beer permittee has been criminally convicted of a charge involving the sale of alcoholic beverages to a minor.(11) Notice of training sessions. The Commission must be notified seven (7) calendar days in advance of any training if the training will be conducted by an individual(s) at a location where clerks will be present. The notice must include the name of the training program, the instructor, the complete address of the training site, and the time and location of the training.(12) To obtain the benefits associated with being a certified responsible beer vendor, the beer permittee must actually be certified by the Commission as a responsible beer vendor at the time of the offense. Any application for certification as a responsible beer vendor submitted to the Commission with charges/offenses pending before the local beer board will not be reviewed until such charges/offenses are concluded: the approval or denial of the responsible beer vendor application will be made once the Commission has received notification of the result of the pending charges/offenses.(13) Once the Commission receives notification of a second offense sale of alcohol to a minor within a twelve month period, then the Commission shall revoke the responsible beer vendor's certification as a responsible beer vendor for a period of three years. Subsequent sales of alcohol to minors by the beer permittee do not receive protection under the responsible beer vendor training provisions.Tenn. Comp. R. & Regs. 0100-09-.04
Original rule filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed February 29, 2016; effective 5/29/2016.Authority: T.C.A. § 57-5-605(b).