Which alcohol training programs did South Carolina recognize for penalty mitigation in SC Information Letter #06-5?

Plain-English summary

South Carolina recognized five alcohol-training programs that could support mitigation of an alcoholic beverage licensing penalty. Under the penalty guidelines in SC Revenue Procedure #04-4, recognized mitigating circumstances could reduce monetary penalties, shorten suspensions, or reduce revocations to suspensions with monetary penalties.

As of March 14, 2006, the recognized programs were:

1. Training for Intervention Procedures (TIPS), offered by Health Communications Inc.
2. ServSafe Alcohol, Serving Alcohol Responsibly, offered by the National Restaurant Association Educational Foundation for on-premises operators.
3. Techniques on Alcohol Standards and Training (TOAST), offered by Circle Park Behavioral Health Services and then being replaced by PREP.
4. Learn2Serve, offered by 360 Training.
5. Palmetto Retailers Education Program (PREP), offered by Circle Park Behavioral Health Services and the Lexington/Richland Alcohol and Drug Abuse Council.

Recognition alone was not enough. The training had to occur within a reasonable period before the offense, cover the violation at issue, and be supported by verification of attendance and an outline of the training. The Department retained sole discretion over whether the circumstances justified a reduction.

What this means for you

For a 2006 alcoholic-beverage violation, qualifying employee training could lessen the sanction, but it did not erase the violation or guarantee a particular reduction. Records showing when the employee attended and what the course covered were essential.

Common questions

Q: Which programs were recognized?
A: TIPS, ServSafe Alcohol, TOAST, Learn2Serve, and PREP.

Q: Was completing a recognized course enough by itself?
A: No. The course had to be timely and relevant to the violation, and the claimant had to provide attendance verification and a training outline.

Q: Did qualifying training guarantee a reduced penalty?
A: No. The letter says the mitigation decision remained within the Department's sole discretion.

Subject

Recognized Training Programs

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL06-5.pdf

Original ruling text

State of South Carolina
Department of Revenue
301 Gervais Street, P.O. Box 125, Columbia, South Carolina 29214

SC INFORMATION LETTER 06-5

SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

March 14, 2006

SUPERSEDES:

SC Information Letter #03-27, SC Information Letter #04-8, SC
Information Letter #04-13, SC Information Letter #05-16, SC
Information Letter #05-21, SC Information Letter #05-31 and all
previous documents and any oral directives in conflict herewith.

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2000)
SC Revenue Procedure #05-2

SCOPE:

An Information Letter is a written statement issued to the public by
the Department to announce general information useful in
complying with the laws administered by the Department. An
Information Letter has no precedential value.

Introduction:
SC Revenue Procedure #04-4 is an advisory opinion providing guidelines to be used by
Department employees in assessing penalties for violations of the statutes and regulations
governing the sale, distribution, or possession of beer, wine, and distilled spirits. Its
purpose is to insure uniform penalty application.
These guidelines recognize that there will often be circumstances present that call for
either more severe or less severe sanctions for an offense. As such, the guidelines state
that the Department will consider mitigating circumstances when assessing penalties and
that if recognized mitigating circumstances are present, monetary penalties will be
reduced, suspensions will be reduced in duration, and revocations will be reduced to
suspensions with monetary penalties.
As stated in the guidelines, mitigating circumstances will be recognized when the
employee committing the violation has completed a training program recognized by the
Department.

Recognized Training Programs:
As of the date of this information letter, the Department recognizes the following
programs for purposes of mitigating circumstances when the employee committing the
violation has completed a recognized training program:

1. Training for Intervention Procedures (“TIPS”) - a training program of Health
   Communications Inc. To contact this organization about training, call 1-800-4388477.
2. ServSafe Alcohol, Serving Alcohol Responsibly - a training program of the
   National Restaurant Association Educational Foundation that is designed for the
   on-premise operator. To obtain training through this program, contact the
   Hospitality Association of South Carolina at 1-800-803-4272 or (803) 765-9000,
   or via the Internet at www.schospitality.org. (This training program is an
   enhanced version of a program previously known as “BarCode, Serving Alcohol
   Responsibly.”)
3. Techniques on Alcohol Standards and Training (“TOAST”) – a training
   program of Circle Park Behavioral Health Services. To contact this organization
   about training, write to Dawn Hancock, Coordinator/Community-Based Coalition,
   601 Gregg Avenue, Post Office Box 6196, Florence, SC 29502-6196, or call her
   at (843) 669-8087. (This program is presently being replaced by the Palmetto
   Retailers Education Program (“PREP”) discussed in Item #5 below.)
4. Learn2Serve - a training program of 360 Training. To contact this organization
   about training, write to Joy Sisson at 200 Academy Drive, Suite 260, Austin,
   Texas 78704 or at [email protected] or call her at (800) 442-1149, Ext.
5. The website for this program can be found at http://www.learn2serve.com.
6. Palmetto Retailers Education Program (“PREP”) – a training program of Circle
   Park Behavioral Health Services and the Lexington/Richland Alcohol and Drug
   Abuse Council (LRADAC).
   To contact Circle Park Behavioral Health Services about training, write to
   Dawn Hancock, Coordinator/Community-Based Coalition, 601 Gregg
   Avenue, Post Office Box 6196, Florence, SC 29502-6196 or at
   [email protected] or call her at (843) 664-3963.
   To contact LRADAC about training, write to Kevin Grindstaff, LRADAC,
   P.O. Box 50597, Columbia, SC 29250 or at [email protected] or call
   him at (803) 733-1390 ext. 204.

2

Please note that the training must have taken place within a reasonable period of time
prior to the offense having occurred and must include training covering the violation at
hand. The person claiming mitigating circumstances under this item must also provide
the Department verification that the employee attended the training and an outline of the
training conducted. The determination as to whether mitigating circumstances warrant the
reduction in penalties is within the sole discretion of the Department.

Other Training Programs:
Trade associations and other organizations seeking to have a training program recognized
by the Department should send the request along with a detailed description of the
training program to:
SC Department of Revenue
Regulatory Division Administrator
P.O. Box 12265
Columbia, SC, 29211

3