Which alcohol-server training programs does South Carolina recognize as a mitigating circumstance for beverage-license penalties (per SC IL #10-10)?

Plain-English summary

This Information Letter lists the alcohol-server training programs South Carolina recognizes as a "mitigating circumstance" — completion of one can reduce the penalty a beer, wine, or liquor licensee faces for a violation.

The Department's penalty guidelines (SC Revenue Procedure #04-4) promote uniform penalties for violations of the laws governing the sale, distribution, or possession of beer, wine, and distilled spirits, and they let the Department consider mitigating circumstances. Generally, when a recognized mitigating circumstance is present, monetary penalties are reduced, suspensions are shortened, and revocations may be reduced to a suspension with a monetary penalty. One recognized mitigating circumstance is the timely completion of a recognized training program by the employee who committed the violation.

As of this letter, the Department recognizes four programs:

1. Training for Intervention Procedures (TIPS) — Health Communications Inc.
2. ServSafe Alcohol / Serving Alcohol Responsibly — National Restaurant Association Educational Foundation (available through the Hospitality Association of South Carolina).
3. Alcohol Risk Reduction Training (ARRT) — Show Pros Entertainment Services Inc.
4. Palmetto Retailers Education Program (PREP) — 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 count, the training must have taken place within a reasonable period before the offense and must cover the violation at issue. The person claiming it must give the Department an outline of the training and verification that the employee attended. Whether the circumstance actually warrants a reduced penalty is within the sole discretion of the Department. This letter supersedes SC Information Letter #08-21.

Trade associations and other organizations that want a training program recognized may submit the request, with a detailed program description, to the Department's Regulatory Division Administrator.

What this means for you

If you hold a beer, wine, or liquor license

Having employees complete one of the four recognized programs before an incident can materially soften a penalty — potentially converting a revocation into a suspension. Keep the training outline and proof of each employee's attendance so you can document the mitigating circumstance if a violation is charged.

If you run or offer a training program

You can ask the Department to recognize your program by sending a detailed description to the Regulatory Division Administrator.

Common questions

Q: Which training programs are recognized?
A: TIPS, ServSafe Alcohol / Serving Alcohol Responsibly, Alcohol Risk Reduction Training (ARRT), and the Palmetto Retailers Education Program (PREP).

Q: How does recognized training help?
A: It is a mitigating circumstance under SC Revenue Procedure #04-4, so it can reduce a monetary penalty, shorten a suspension, or reduce a revocation to a suspension with a monetary penalty.

Q: What do I have to show?
A: That the training happened within a reasonable time before the offense, that it covered the violation at issue, and — with an outline and attendance verification — that the employee who committed the violation completed it. Any reduction is within the Department's sole discretion.

Subject

Recognized Training Programs

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL10-10.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 10-10

SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

September 20, 2010

SUPERSEDES:

SC Information Letter #08-21 and all previous documents and any oral
directives in conflict herewith.

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2000)
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:
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
promote uniform penalty application.
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.

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:

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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. 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 at [email protected]. Visit the website at www.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 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. 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
Regulatory Division Administrator
P.O. Box 125
Columbia, SC 29214-0907

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