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(1) All licensees will be required, within 30 days following the effective date of this rule, to ensure that all persons who serve or sell alcoholic beverages (whether for pay or as a volunteer), their immediate supervisors, and all licensees or owners of licensees who personally serve or sell alcoholic beverages on behalf of the licensee, have completed an approved responsible alcohol sales and service training class. The training requirements do not apply to persons serving or selling alcoholic beverages under a special permit regardless if they are an employee or volunteer of a special permit holder.

(2) Individuals trained within the three-year time period prior to the effective date of this rule, by any training provider, will be in compliance with the training requirement provided that the individual has valid proof of training within that period. Such individuals must be retrained within three years from their date of training.

(3) As of the effective date of this rule, employees who do not have current valid proof of training must obtain training from a training provider preapproved by the department. Any training received from a nonapproved training provider does not satisfy the server training requirements of Title 16, ch. 4, part 10, MCA, or the rules in this subchapter.

(4) Employees must receive training within 60 days of hire and every three years thereafter. Licensees or owners of licenses must receive training within 60 days of department approval of their ownership interest if they personally serve alcoholic beverages, or within 60 days of when they begin personally serving alcoholic beverages, and every three years thereafter.

(5) Licensees shall maintain proof of training for each employee. If, as a result of a routine check for compliance with 16-3-301, 16-6-304, or 16-6-305, MCA, the department believes the licensee may be out of compliance with 16-4-1005, MCA, the department may make an examination of the licensee's training and/or employee records. After reviewing the records, if the department has reasonable cause to believe the licensee is not in compliance with Title 16, Ch. 4, part 10, MCA, the department will impose a penalty as provided by law.

(6) Title 16, ch. 4, part 10, MCA, is silent as to whether the licensee or the employee is responsible for the cost of the training. This is to be determined by agreement between the licensee and employee.

History: 16-4-1009, MCA; IMP, 16-3-301, 16-4-1001, 16-4-1002, 16-4-1003, 16-4-1004, 16-4-1005, 16-4-1006, 16-4-1007, 16-4-1008, 16-6-304, 16-6-305, MCA; NEW, 2012 MAR p. 122, Eff. 1/13/12.

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