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Senate Bill 0027


Senate Bill 0027

ARCHIVE (2006)

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DIGEST OF SB 27 (Updated March 1, 2006 6:00 pm - DI 110)


Alcohol and tobacco matters. Requires a person who trains: (1) alcohol servers; and (2) individuals who plan to train alcohol servers; to hold a trainer certificate issued by the alcohol and tobacco commission (ATC). Requires: (1) a certified trainer to renew a certificate every three years by filing a renewal application form, completing a refresher course, and paying a $45 fee; (2) certain retailer permittees, dealer permittees, or management representatives of the retailer or dealer permittees to be trained not later than 120 days after the date the permittee receives a permit; and (3) certain retailer permittees and dealer permittees to ensure that each alcohol server is trained not later than 120 days from the date the alcohol server begins employment. (Current law requires a retail permittee, dealer permittee, or management representative to be trained not later than 90 days after the date the permittee receives the permit and an alcohol server be trained not later than 90 days after the date of employment.) Requires: (1) the ATC to notify retailer and dealer permittees of the certification requirements at the time the permittees renew the retailer or dealer permits; (2) the ATC to approve and establish training programs; and (3) training programs to provide a server certificate to individuals who successfully complete the program. Allows the ATC to: (1) observe training at any time; and (2) adopt rules to carry out the training and certification requirements. Changes the deadline by which permittees and alcohol servers must be trained from January 31, 2008, to January 1, 2009. Requires: (1) dealer permittees to display alcoholic beverages in a clearly designated area where the presence of a minor is prohibited without a parent or guardian who is at least 21 years of age; (2) dealer permittees to have at least one employee who holds an employee's permit and, beginning January 1, 2007, to ensure that a sales clerk working on the license premises receives training; (3) local alcoholic beverage boards to allow an individual to make oral comments at a public meeting or hearing; and (4) a sales clerk to ring up or record alcoholic beverage sales except under certain circumstances. Provides that: (1) the ATC may adopt rules to implement these requirements; (2) any city that owns a golf course may obtain a permit for the retail sale of alcoholic beverages; and (3) a permittee has only powers expressly granted by statute or rules of the ATC. Allows a holder of an alcoholic beverage permit to sell or offer to sell an alcoholic beverage on credit to an individual who does not hold an alcoholic beverage permit. Provides that a primary source of supply or wholesaler may not provide an illuminated advertising sign to a dealer or retailer in a manner that violates the trade practice restrictions of the ATC or the law. Requires the ATC to issue a permit to the state fair commission. Allows for extended time for alcohol sales on New Year's Eve if New Year's Eve falls on a Sunday. Allows the ATC to conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed. Defines as a club an association or corporation in a consolidated city that has been in existence for 25 years, held a bingo license for ten years, and does not allow persons under the age of 18 to be members, guests, or workers. Allows a person at least 18 years of age and under 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Prohibits the issuance of an alcoholic beverage employee's permit to an individual with two convictions for operating while intoxicated if: (1) the first conviction occurred less than ten years before the date of the permit application; and (2) the individual completed the sentence for the second conviction less than two years before the permit application. Provides that if an individual has at least three convictions for operating while intoxicated and the individual completed the sentence for the last conviction more than ten years before the permit application, the individual may apply to the ATC for a permit, but the ATC may grant or deny the application. Provides for the revocation of a permit upon an individual's subsequent conviction for operating while intoxicated. Makes changes concerning certain sells and deliveries of beer by holders of brewer's permits. Makes changes to the cigarette fair trade act. Removes provisions concerning: (1) residency requirements for retailer's and dealer's permits; and (2) prohibiting the issuance of a retailer's or dealer permit to a partnership unless each member of the partnership possesses the same qualifications required by an individual permit applicant. Repeals a provision concerning certain certification requirements.
    Current Status:
     2nd Reading in Progress
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