Which server-training programs does South Carolina recognize as a mitigating factor for alcohol-licensing penalties (per SC IL #13-7)?

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 ("Serving Alcohol Responsibly") — a program of the National Restaurant Association Educational Foundation.
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 and partners.
5. Controlling Alcohol Risk Effectively (CARE).

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), and CARE (Controlling Alcohol Risk Effectively), 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/IL13-7.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 #13-7

SUBJECT:

Recognized Training Programs
(Alcoholic Beverage Licensing)

DATE:

April 10, 2013

SUPERSEDES:

SC Information Letter #10-10 and all previous documents and any oral
directives in conflict herewith.

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2000 and Supp. 2012)
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:
SC Revenue Procedure #13-2 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.

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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 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.
5. Controlling Alcohol Risk Effectively (CARE) Program -a training program of the
   American Hotel & Lodging Educational Institute. To obtain training through this program,
   contact the American Hotel & Lodging Educational Institute at 1-800-334-3320 or (517)
   372-8800, or via the Internet at www.ahlei.org.
   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.
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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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