Which alcohol server-training programs does South Carolina recognize as a mitigating circumstance when an employee sells to an underage person?

Plain-English summary

When a South Carolina alcohol licensee's employee is caught selling to an underage person, the Department will consider whether that employee had completed a recognized server-training program within the prior year as a reason to reduce the penalty. This letter lists the seven programs the Department currently recognizes — and stresses that completing one is not a guarantee of a lower penalty.

The Department's Alcohol Beverage Licensing (ABL) section may consider mitigating circumstances when setting penalties for violations of the laws governing the sale, distribution, or possession of beer, wine, and liquor. Mitigating circumstances can lead the Department to reduce a monetary penalty, shorten a suspension, or convert a revocation into a suspension with a monetary penalty. For an underage-sale violation, one recognized mitigating circumstance is that the employee who committed the violation completed a recognized training program within a reasonable period — no longer than one year — before the violation. The Department must receive verification that the employee attended and completed the training, plus an outline of the training, which must include coverage of preventing underage sales.

The seven recognized programs

1. Training for Intervention Procedures (TIPS) — Health Communications, Inc. (gettips.com; 1-800-438-8477)
2. ServSafe Alcohol — National Restaurant Association Educational Foundation (servsafecertified.com; SC Restaurant and Lodging Association 1-800-803-4272 / 803-765-9000)
3. Alcohol Risk Reduction Training (ARRT) — Show Pros Entertainment Services, Inc. (showprostaff.com; Danny Sellers 704-525-3784)
4. Palmetto Retailers Education Program (PREP) — SC Department of Alcohol and Other Drug Abuse Services (DAODAS) (daodas.sc.gov; Michelle Nienhius 803-896-1184)
5. Learn2Serve — 360 Training (360training.com/learn2serve/alcohol-training; 1-877-881-2235)
6. South Carolina Alcohol Seller-Server Training — Serving Alcohol, Inc. (servingalcohol.com; 561-404-5363)
7. ABC Server Training — ABC Service Training, LLC (abcservertraining.com; 1-800-722-9451)

Completing one of these programs is not a guarantee of a penalty reduction — that determination is within the Department's sole discretion. This letter supersedes SC Information Letter #14-6.

Getting a new program recognized

A trade association or other organization that wants its program recognized must first have it reviewed and approved by SCDAODAS (which needs full access to the curriculum, trainer notes, presentations, and participant guides), then submit proof of that approval, with program contact information, to the Department's ABL section at [email protected].

What this means for you

For bars, restaurants, and retailers holding an alcohol license

Having your servers complete a recognized program — and keeping proof of attendance and completion plus the training outline — gives the Department a documented mitigating circumstance to consider if an employee makes an underage sale. Make sure the training was completed within one year before any violation and that it covers underage-sale prevention.

It reduces exposure, it does not eliminate it

Recognized training is a factor the Department may weigh; it does not guarantee a smaller fine, a shorter suspension, or avoiding revocation. Preventing the sale in the first place is still what matters.

Confirm the current list

Recognized programs and their contacts change over time. The Department keeps the up-to-date list on its ABL website; check it before enrolling staff.

Common questions

Q: Does training my staff guarantee a lower penalty for an underage sale?
A: No. Recognized training is a mitigating circumstance the Department may consider, but any reduction is within its sole discretion.

Q: How recent does the training have to be?
A: The employee must have completed a recognized program within a reasonable time — no longer than one year — before the violation, and you must be able to verify attendance, completion, and that the training covered underage-sale prevention.

Q: Can I use a program that isn't on the list?
A: Only if it becomes recognized. The provider must first get the program approved by SCDAODAS, then submit proof of approval to the Department's ABL section.

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL23-13.pdf

Original ruling text

STATE OF SOUTH CAROLINA

DEPARTMENT OF REVENUE
300A Outlet Pointe Blvd., Columbia, South Carolina 29210
P.O. Box 125, Columbia, South Carolina 29214-0575

SC INFORMATION LETTER #23-13
SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

September 12, 2023

SUPERSEDES:

SC Information Letter #14-6 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:
The Department of Revenue’s Alcohol Beverage Licensing section is authorized to consider
mitigating circumstances when evaluating the appropriate penalty for a violation of the state’s
statutes and regulations governing the sale, distribution, or possession of beer, wine, and/or
alcoholic liquor. Mitigating circumstances are circumstances that may warrant a less severe sanction
than would otherwise be appropriate. If recognized mitigating circumstances are present, the
Department will consider whether to reduce monetary penalties, the lengths of suspensions, and
whether revocations should be reduced to suspensions with monetary penalties.
When the violation involves the sale of beer, wine, or alcoholic liquor to an underage person the
Department will consider whether the employee committing the violation has completed a training
program recognized by the Department within a reasonable period of time (but no longer than one
year) prior to the violation. The Department must receive verification that the employee attended
and completed the training and an outline of the training conducted, which must include training
covering the prevention of underage sales.

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 register for or inquire about this program, visit the organization’s
   website at www.gettips.com. If you need assistance in registering for this program, contact
   the organization at 1-800-438-8477.
2. ServSafe Alcohol – a training program provided by the National Restaurant Association
   Educational Foundation designed for the on-premises operator. To register for or inquire
   about this program, visit the organization’s website at www.servsafecertified.com/find-aclass to find a class near you. If you need assistance in registering for this program, contact
   the South Carolina Restaurant and Lodging Association at 1-800-803-4272 or 803-7659000.
3. Alcohol Risk Reduction Training (ARRT) – a training program provided by Show Pros
   Entertainment Services, Inc. To register for or inquire about this program, visit the
   organization’s website at www.showprostaff.com, or contact Danny Sellers at 704-5253784 or at [email protected].
4. Palmetto Retailers Education Program (PREP) – a training program provided by the South
   Carolina Department of Alcohol and Other Drug Abuse Services (DAODAS). To register
   for or inquire about this program, visit the organization’s website at
   www.daodas.sc.gov/services/prevention/merchant-initiatives. If you need assistance in
   registering for this program, contact Michelle Nienhius, DAODAS, P.O. Box 8268,
   Columbia, SC 29202 or [email protected] or at 803-896-1184.
5. Learn2Serve – a training program provided by 360 Training. To register for or inquire
   about
   this
   program,
   visit
   the
   organization’s
   website
   at
   www.360training.com/learn2serve/alcohol-training. If you need assistance in registering
   for this program, contact the organization at 1-877-881-2235 (option 1).
6. South Carolina Alcohol Seller-Server Training – a training program provided by Serving
   Alcohol, Inc. To register for or inquire about this program, visit the organization’s website
   at https://servingalcohol.com/south-carolina-alcohol-server-training.
   If you need
   assistance in registering for this program, contact the organization using their Technical
   Support webpage at https://servingalcohol.com/contact-support or at 561-404-5363.

7.

ABC Server Training – a training program provided by ABC Service Training, LLC. To
register for or inquire about this program, visit the organization’s website at
www.abcservertraining.com/south-carolina-server-training-course. If you need assistance
in registering for this program, contact the organization at 1-800-722-9451.

Completion of one of the Recognized Training Programs is not a guarantee of a reduction in the
penalty imposed by the Department. 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 must do the following:
1.

Trade associations and other organizations must have their training program reviewed and
approved by the South Carolina Department of Alcohol and Other Drug Abuse Services
(SCDAODAS) to be recognized by the Department. SCDAODAS will need access to all
materials to include, but not limited to, court curriculum, trainer’s notes/instructions,
presentations, and participant guides.
Submit your training program to:
Michelle Nienhius, SCDAODAS
[email protected]
803-896-1184

2.

After approval from SCDAODAS, submit proof of SCDAODAS approval along with the
program contact information to the Department’s Alcohol Beverage Licensing section via
email to: [email protected].

For the most up-to-date information on training programs recognized by the Department for
purposes of mitigating circumstances, please visit the Department’s Alcohol Beverage Licensing
website at https://dor.sc.gov/tax-index/abl/Pages/Recognized-Training-Programs.aspx.