Article II.  Alcoholic Beverage Awareness Training Requirements linklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670
5.08.200: Title
5.08.210: Definitions
5.08.220: Development And Contents Of Curriculum For Program And Certification And Operation Of Program
5.08.230: Compliance With Regulations
5.08.240: Completion Of Certified Program By Certain Employees Of An Establishment That Serves, Furnishes, Or Sells Alcoholic Beverages
5.08.250: Notice Of Civil Infraction
5.08.260: Payment And Disposition Of Civil Fine
5.08.270: Denial Of Liability For Infraction
5.08.280: Applicability Of Provisions

5.08.200: TITLE:linklink


Sections 5.08.200 through 5.08.280 of this article, inclusive shall be entitled ALCOHOLIC BEVERAGE AWARENESS TRAINING REQUIREMENTS. (Ord. 312, 2014)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171982
5.08.210: DEFINITIONS:linklink

The following definitions apply only to the alcoholic beverage awareness program:

ALCOHOLIC BEVERAGE: A. Beer, ale, porter, stout and other similar fermented beverages, including sake and similar products, of any name or description containing one-half of one percent or more alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; and/or

B. Any beverage obtained by the fermentation of the natural content of fruits or other agricultural products containing sugar, of not less than one-half of one percent of alcohol by volume; and/or

C. Any distilled spirits commonly referred to as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever process produced.

ALCOHOLIC BEVERAGE AWARENESS PROGRAM: A program designed to educate persons who sell or serve alcoholic beverages or perform the duties of a security guard at an establishment which sells alcoholic beverages.

CERTIFIED PROGRAM: An alcoholic beverage awareness program certified by the commission pursuant to Nevada Revised Statutes 369.625.

COMMISSION: The commission on postsecondary education created by Nevada Revised Statutes 394.383.

ESTABLISHMENT: A business that sells alcoholic beverages by the drink for consumption on the premises. The term includes a retail liquor store. The term "establishment" does not include a wholesale dealer, a private club, or a facility that is not in fact open to the public.

SALE OR TO SELL: See defined term in section 5.08.010 of this chapter.

VALID ALCOHOL EDUCATION CARD: A card issued by a certified program which has been obtained or renewed within the immediately preceding four (4) years. (Ord. 312, 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171983
5.08.220: DEVELOPMENT AND CONTENTS OF CURRICULUM FOR PROGRAM AND CERTIFICATION AND OPERATION OF PROGRAM:linklink


A. Any person who sells alcoholic beverages at an establishment which sells alcoholic beverages shall participate and successfully complete a curriculum designed by the commission prior to beginning employment at any establishment which sells, serves, or furnishes alcoholic beverages.


B. The curriculum shall consist of not fewer than two (2) hours of instruction and must include instruction on the following topics:

1. The clinical effects of alcohol on the human body;

2. Methods of identifying intoxicated persons;

3. Relevant provisions of state and local laws concerning the selling and serving of alcoholic beverages;

4. Methods of preventing and halting fights, acts of affray and other disturbances of the peace; and

5. Methods of preventing:

a. The entry of minors into establishments in which minors are prohibited from loitering pursuant to Nevada Revised Statutes 202.030;

b. The purchase, consumption and possession of alcoholic beverages by minors as prohibited pursuant to Nevada Revised Statutes 202.020, including, without limitation, the recognition of altered or falsified forms of identification; and

c. The selling and furnishing of alcoholic beverages to minors as prohibited pursuant to Nevada Revised Statutes 202.055.


C. The alcoholic beverage awareness program shall be certified by the commission and shall follow the following:

1. Must not cost a person more than forty dollars ($40.00) to complete; and

2. May be presented through the use of audiovisual technology. As used in this paragraph, "audiovisual technology" includes, without limitation, the use of closed circuit video, videoconferencing, videotapes, computers, television, the internet or any other electronic means of communication, or any combination thereof.


D. As used in this section, "minor" means a person who is under twenty one (21) years of age. (Ord. 312, 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171984
5.08.230: COMPLIANCE WITH REGULATIONS:linklink

The program shall comply with the regulations adopted by the commission. An alcohol education card shall be issued upon successful completion of the alcohol awareness program training class. An alcohol education card issued to an attendee shall be valid for a period of four (4) years from the date of issuance and may be issued upon successful completion by the holder of the card of an alcoholic beverage awareness program. Alcohol education cards issued in other counties in the state of Nevada shall be honored subject to the issuing county's compliance with the regulations promulgated by the commission. (Ord. 312, 2014)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171985
5.08.240: COMPLETION OF CERTIFIED PROGRAM BY CERTAIN EMPLOYEES OF AN ESTABLISHMENT THAT SERVES, FURNISHES, OR SELLS ALCOHOLIC BEVERAGES:linklink


A. Initial Hire: Prior to employing a person to sell alcoholic beverages or be a security guard at an establishment that serves, furnishes, or sells alcoholic beverages, the owner has a duty to ensure that the person has a current and valid alcohol education card which demonstrates completion of the alcoholic beverage awareness program or that the person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, within thirty (30) days after the date on which he or she is hired, successfully completes a certified program and obtains a valid alcohol education card.


B. Hired Prior To August 2014: An owner shall not continue to employ a person who was hired before August 31, 2014, to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:

1. The person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or

2. The owner who owns or operates the establishment ensures that the person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, not later than October 31, 2014, successfully completes a certified program and obtains a valid alcohol education card. (Ord. 312, 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171986
5.08.250: NOTICE OF CIVIL INFRACTION:linklink

A violation of this article is a civil infraction, and when an owner or operator of an establishment is found in violation, a notice of infraction must be issued on a form prescribed by the department pursuant to Nevada Revised Statutes 369.630, and must contain, without limitation, the following information:


A. The location at which the violation occurred;


B. The date and time of the violation;


C. The name of the establishment and the owner;


D. The signature of the person who issued the notice of infraction;


E. A copy of this section which allegedly is being violated;


F. Information which advises of the manner in which, and the time within which, the notice of infraction must be answered; and


G. Any other reasonable information which is prescribed by the department.

The notice of infraction may be issued by any peace officer or by any person who is authorized by the department to issue such a notice. A duplicate of the notice of infraction must be served on the person to whom it is issued either in person, by providing the notice to the person in charge of the establishment at the time the notice of infraction is issued, or by affixing the notice to the establishment in a conspicuous place.

The notice of infraction or a facsimile thereof must be filed with the department and retained by the department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts which are alleged therein. (Ord. 312, 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171987
5.08.260: PAYMENT AND DISPOSITION OF CIVIL FINE:linklink


A. A person who responds to the notice of infraction and admits to the commission of the infraction shall pay to the department the appropriate civil fine:

1. For the first violation within a twenty four (24) month period, five hundred dollars ($500.00).

2. For the second violation within a twenty four (24) month period, one thousand dollars ($1,000.00).

3. For the third and any subsequent violation within a twenty four (24) month period, five thousand dollars ($5,000.00). (Ord. 312, 2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171988
5.08.270: DENIAL OF LIABILITY FOR INFRACTION:linklink

A person who responds to the notice of infraction and denies liability for the infraction shall notify the department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of such a request, the department shall afford to the person making the request an opportunity for a hearing pursuant to the provisions of Nevada Revised Statutes 233B.121. (Ord. 312, 2014)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171989
5.08.280: APPLICABILITY OF PROVISIONS:linklink

Pursuant to Nevada Revised Statutes 369.635, the provisions of the alcoholic beverage awareness training program were adopted by a majority vote of the board of Pershing County commissioners. (Ord. 312, 2014)



http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=99670#s1171990