Which server-training programs does South Carolina recognize as a mitigating factor for alcohol-licensing penalties (per SC IL #14-6)?

Plain-English summary

This Information Letter names the alcohol server/seller training programs South Carolina recognizes so that completing one can reduce a penalty for a beer, wine, or distilled-spirits violation. When the Department assesses these penalties, it follows the uniform penalty guidelines in SC Revenue Procedure #13-2, which allow it to weigh mitigating circumstances — facts that may warrant a less severe sanction.

One recognized mitigating circumstance is the timely completion, by the employee who committed the violation, of a recognized training program. Where recognized mitigating circumstances are present, the guidelines generally provide that monetary penalties are reduced, suspensions are shortened, and revocations are reduced to suspensions with monetary penalties.

As of the date of this letter, the recognized programs are:

1. Training for Intervention Procedures (TIPS) — a program of Health Communications Inc.
2. ServSafe Alcohol — a program of the National Restaurant Association Educational Foundation (offered in South Carolina through the SC Restaurant and Lodging Association).
3. Alcohol Risk Reduction Training (ARRT) — a program of Show Pros Entertainment Services Inc.
4. Palmetto Retailers Education Program (PREP) — a program of Circle Park Behavioral Health Services, LRADAC, and the SC Department of Alcohol and Other Drug Abuse Services (DAODAS).
5. Controlling Alcohol Risk Effectively (CARE).
6. Learn2Serve — a program of 360 Training.

What this means for you

If you hold an alcoholic-beverage license

Having employees complete one of these recognized programs can help reduce a penalty if a violation later occurs, because completion is a recognized mitigating circumstance under SC Revenue Procedure #13-2. It does not prevent a violation from being cited, but it can lessen the sanction.

If you are an employee who sells or serves alcohol

Timely completing a recognized program before a violation is what counts toward mitigation; keep proof of completion.

Common questions

Q: What does completing a recognized program do?
A: It is a mitigating circumstance under SC Revenue Procedure #13-2, so the Department may reduce a monetary penalty, shorten a suspension, or reduce a revocation to a suspension with a monetary penalty.

Q: Which programs are recognized?
A: TIPS, ServSafe Alcohol, ARRT (Alcohol Risk Reduction Training), PREP (Palmetto Retailers Education Program), CARE (Controlling Alcohol Risk Effectively), and Learn2Serve (360 Training), as of the letter's date.

Q: Does training prevent a citation?
A: No. It does not stop a violation from being assessed, but timely completion by the employee involved can reduce the resulting penalty.

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL14-6.pdf

Original ruling text

State of South Carolina

Department of Revenue
300A Outlet Pointe Blvd., P.O. Box 125, Columbia, South Carolina 29214 Web Address: www.sctax.org

SC INFORMATION LETTER #14-6

SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

April 3, 2014

SUPERSEDES:

SC Information Letter #13-7 and all previous documents and any oral directives in conflict herewith.

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2014)
S.C. Code Ann. Section 1-23-10(4) (2005)
SC Revenue Procedure #09-3

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:
With respect to assessing penalties for violations of the statutes and regulations governing the sale, distribution, or possession of beer, wine, and distilled spirits, Department employees are to follow the guidelines set forth in SC Revenue Procedure #13-2. Its purpose is to promote uniform penalty application. As stated in SC Revenue Procedure #13-2, the Department will consider certain mitigating circumstances when assessing penalties. Mitigating circumstances are circumstances that may warrant a less severe sanction than would otherwise be called for. Under the guidelines, generally 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. Among the mitigating circumstances recognized in the guidelines is the timely completion, by the employee committing the violation, of a recognized training program

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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 inquire about training, contact the organization at 800-4388477. Website: www.gettips.com.
2. ServSafe Alcohol – a training program of the National Restaurant Association
   Educational Foundation designed for the on-premises operator. To obtain training through this program, contact the South Carolina Restaurant and Lodging Association at 800-803-4272 or 803-765-9000. Website: www.servsafecertified.com/servsafe-alcohol.
3. Alcohol Risk Reduction Training (ARRT) – a training program of Show Pros
   Entertainment Services Inc. To inquire about training, contact Danny Sellers at 704-5253784 or [email protected]. Website: www.showprostaff.com or http://arrt.showprostaff.com.
4. 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 inquire about training through Circle Park Behavioral Health Services, contact Dawn Hancock, Coordinator/Community-Based Coalition, 601 Gregg Avenue, Post Office Box 6196, Florence, SC 29502-6196 or [email protected] or at 843-664-3963. To inquire about training through LRADAC, contact Ashley Bodiford, LRADAC, P.O. Box 50597, Columbia, SC 29250 or [email protected] or at 803-7269423. To inquire about training through DAODAS, contact Michelle Nienhius, DAODAS, P.O. Box 8268, Columbia, SC 29202 or [email protected] or at 803-896-1184.
5. Controlling Alcohol Risk Effectively (CARE) – a training program of the American
   Hotel & Lodging Educational Institute. To inquire about training through this program, contact the American Hotel & Lodging Educational Institute at 800-334-3320 or 517372-8800. Website: www.ahlei.org/programs/alcohol-awareness/. 2

6. Learn2Serve – a training program of 360 Training. To inquire about training, contact Dini Nash at 888-360-8764 ext. 2705. Website: www.learn2serve.com/alcohol-training. 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. Also, the person claiming training as a mitigating circumstance 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 Alcoholic Beverage Licensing Manager Recognized Training Program P.O. Box 125 Columbia, SC 29214-0907

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