Which alcohol-server training programs does South Carolina recognize as a mitigating circumstance for ABL penalties (per SC IL #08-21)?

Plain-English summary

This Information Letter lists the alcohol-server training programs South Carolina recognizes as a "mitigating circumstance" that can reduce penalties for alcoholic beverage licensing (ABL) violations. Under the Department's penalty guidelines in SC Revenue Procedure #04-4, penalties for violations of the laws governing the sale, distribution, or possession of beer, wine, and distilled spirits are applied uniformly — but the guidelines allow for mitigating circumstances. When a recognized mitigating circumstance is present, monetary penalties are reduced, suspensions are shortened, and revocations may be reduced to suspensions with monetary penalties.

One recognized mitigating circumstance is that the employee who committed the violation had completed a Department-recognized training program. As of this letter, the recognized programs are:

1. Training for Intervention Procedures ("TIPS") — a program of Health Communications, Inc.
2. ServSafe Alcohol, Serving Alcohol Responsibly — a program of the National Restaurant Association Educational Foundation, designed for the on-premises operator and available through the Hospitality Association of South Carolina.
3. Palmetto Retailers Education Program ("PREP") — a program of Circle Park Behavioral Health Services, the Lexington/Richland Alcohol and Drug Abuse Council (LRADAC), and the South Carolina Department of Alcohol and Other Drug Abuse Services.

This letter supersedes SC Information Letter #06-24. Trade associations and other organizations that want a training program recognized may send a request, with a detailed description, to the Department's Regulatory Division Administrator.

What this means for you

If you hold a beer, wine, or liquor license, having your employees complete one of these recognized programs — TIPS, ServSafe, or PREP — can reduce the penalty if an employee later commits a violation, because completion counts as a mitigating circumstance under the Department's ABL penalty guidelines. It does not prevent a violation or guarantee a specific outcome, but it can lessen the sanction.

Common questions

Q: What do these recognized programs do for me?
A: If an employee who commits an ABL violation has completed a recognized program, that is a mitigating circumstance that can reduce the monetary penalty, shorten a suspension, or convert a revocation into a suspension with a monetary penalty.

Q: Which programs are recognized?
A: TIPS (Health Communications, Inc.), ServSafe Alcohol (National Restaurant Association Educational Foundation), and PREP (Circle Park/LRADAC/SC DAODAS), as of this letter.

Q: Can other programs be added?
A: Yes. Organizations may ask the Department's Regulatory Division Administrator to recognize a program by submitting a detailed description of it.

Subject

Recognized Training Programs

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL08-21.pdf

Original ruling text

State of South Carolina

Department of Revenue
301 Gervais Street, P.O. Box 125, Columbia, South Carolina 29214
Web Address: www.sctax.org

SC INFORMATION LETTER 08-21

SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

September 25, 2008

SUPERSEDES:

SC Information Letter #06-24 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 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.

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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 1-800-438-8477.
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.
3. Palmetto Retailers Education Program (“PREP”) – a training program of Circle Park
   Behavioral Health Services, the Lexington/Richland Alcohol and Drug Abuse Council
   (LRADAC), and the South Carolina Department of Alcohol and Other Drug Abuse Services
   (DAODAS).
   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) 6643963.
   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.
   To contact DAODAS about training, write to Michelle Nienhius, DAODAS, 101
   Executive Center Drive, Suite 215, Columbia, SC 29210 or at
   [email protected] or call her at (803) 896-1184.
   Please note that the training must have taken place within a reasonable period of time before the
   offense in question and must include training covering the violation at issue. The person
   claiming mitigating circumstances under this item also must provide the Department an outline
   of the training conducted and verification that the employee attended the training. The
   determination as to whether mitigating circumstances warrant a 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 125
Columbia, SC 29214
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