SB2538.DOC

SECTION 1. Chapter 281, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§281‑ Alcohol servers; mandatory training. (a) In addition to the powers of the liquor commission under section 281-17, the liquor commission shall conduct mandatory training for alcohol servers employed by licensees holding all classes of liquor licenses, except a manufacturers' license or wholesale dealers' license. The mandatory training program shall consist of, among other things, instruction in:

(1) Recognizing alcohol intoxication;

(2) Dealing with intoxicated customers;

(3) Section 281-78; and

(4) The liability of a liquor establishment for serving intoxicated customers.

Every alcohol server employed by a licensee covered by this section shall be required to complete a mandatory training program within thirty days of the date of commencement of employment; provided that the alcohol server shall be required to complete the mandatory training program for each licensee with whom the alcohol server is employed at any one time.

(b) For purposes of subsection (a), an alcohol server is a person who:

(1) Takes orders for alcohol beverages, beer, or wine to be consumed on-premises;

(2) Delivers alcohol beverages, beer, or wine to customers for consumption on-premises;

(3) Opens alcoholic beverages, beer, or wine or pours alcohol beverages, beer, or wine into a customer's glass at the customers' table in the licensed premise;

(4) Draws beer or wine from a tap or alcohol from a dispensing device on the licensed premise;

(5) Manages the licensed premise; or

(6) Is a bartender at the licensed premise.

(c) The liquor commission shall keep a record of every employee who completes the mandatory training under this section, including the:

(1) Name, age, address, and phone number of the employee;

(2) Name, address, phone number, and license number of the licensee with whom the employee is employed; and

(3) Date the employee commenced employment with the licensee with whom the employee is employed.

The record shall be available for inspection at any time during normal business hours by an investigator of the liquor commission. The investigator may inquire into whether a particular alcohol server has completed the mandatory training.

(d) The liquor commission may contract with a private entity for purposes of providing the mandatory training."

SECTION 2. Section 281-17.5, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) Any liquor license fee or any increase in an existing liquor license fee sought to be implemented by any commission shall have, as its justification, a direct and proportionate relationship to costs and expenses of the commission in its control, supervision, or regulation of the manufacture, importation, and sale of liquors, or otherwise directly relate to actual costs and expenses of administration of the commission as is set forth in this chapter[.]; provided that the cost of providing mandatory training for alcohol servers shall be deemed to meet the direct and proportionate relationship requirement.

(b) Any such liquor license fees or any moneys collected or received by any liquor commission under this chapter may only be used for costs and expenses directly relating to operational and administrative costs actually incurred by the liquor commission collecting or receiving such liquor license fees or moneys[.], including mandatory training for alcohol servers. Such fees or moneys shall not be used for any costs or expenses other than those directly relating to its operation and administration, except as otherwise provided by law."

SECTION 3. For purposes of section 1 of this Act, article VIII, section 5 of the Constitution of the State of Hawaii, requiring the State to share in the costs of an increase in the level of service of mandated programs to the counties, shall be deemed satisfied under section 281-17.5, Hawaii Revised Statutes, which provides for the counties to collect liquor license fees.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2538
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII