RS 933 - Establishment of responsible vendor program
A.(1) The program administrator shall be a committee of nine persons, one of whom shall be appointed by the commissioner or his designee. Of the other eight, each of the following groups or associations shall select one person, subject to approval by the commissioner:
(a) Louisiana Restaurant Association.
(b) Louisiana Retailer's Association.
(c) Louisiana Association of Alcoholic Beverage Licensees, Inc.
(d) Louisiana Oil Marketers Association.
(e) Council on Alcohol and Drug Abuse (C.A.D.A.).
(f) Louisiana Hotel/Motel Association.
(g) Highway Safety Council.
(h) Mothers Against Drunk Driving.
(2) Approval by the commissioner shall not be unreasonably withheld and shall be provided within thirty days of receipt of each one of the nominations selected by the respective groups or associations.
B. The program administrator shall approve a Louisiana Responsible Vendor Program, hereafter referred to as "the program", designed to educate vendors and their employees and customers about selling, serving, and consuming alcoholic beverages in a responsible manner and selling and serving tobacco products. The program shall include all of the following:
(1) Enrollment and certification of the vendor in the program.
(2) Server or security personnel training courses for servers or security personnel.
(3) Review of the requirements for the issuance and renewal of server permits. Such permits shall be the property of the server and, if not expired, suspended, or revoked, valid in connection with his employment by any vendor in the state of Louisiana.
C. The server training courses shall include but not be limited to the following subject areas:
(1) Classification of alcohol as a depressant and its effect on the human body, particularly on the ability to drive a motor vehicle.
(2) Effects of alcohol when taken with commonly used prescription and nonprescription drugs.
(3) Absorption rate, as well as the rate at which the human body can dispose of alcohol and how food affects the absorption rate.
(4) Methods of identifying and dealing with underage and intoxicated persons, including strategies for delaying and denying sales and service to intoxicated and underage persons.
(5) State laws and regulations regarding the sale and service of alcoholic beverages for consumption on and off premises.
(6) Parish and municipal ordinances and regulations, including but not limited to the hours of operation, noise, litter, and other ordinances that affect the sale and service of alcoholic beverages for consumption on or off premises.
(7) State and federal laws and regulations related to the lawful age to purchase tobacco products and age verification procedures and requirements.
(8) The health risks and consequences associated with the consumption of tobacco products including but not limited to their addictive nature.
D. Security personnel training courses shall include training on the subject matter as required by the provisions of Subsection C of this Section as well as specific curriculum approved by the program administrator including but not limited to handling disruptive customers and customer altercations.
E.(1) The commissioner and the Louisiana Department of Health shall consult with appropriate governmental and nongovernmental agencies statewide in the development and distribution of an informational pamphlet. The commissioner shall include the informational pamphlet in the updated version of the responsible vendor handbook. The informational pamphlet shall include information based upon evidence-based practices and the following subject areas:
(a) Methods of identifying and responding to sexual assault, rape, sexual harassment, and sex trafficking.
(b) Definitions of rape, sexual assault, sexual harassment, and sex trafficking.
(c) Potential responses of vendors in the event a sexual assault, rape, sexual harassment, or sex trafficking occurs on the premises.
(d) Effects of rape, sexual assault, sexual harassment, and sex trafficking on primary and secondary victims.
(e) Updated information on the physical appearance of drugs, the effects of drugs, street names for drugs, and methods of delivery as it relates to rape, sexual assault, sexual harassment, and sex trafficking.
(2) Employers who are considered responsible vendors may provide the informational pamphlet to each existing or newly hired bartender, server, or security personnel.
F.(1) A person subject to the provisions of Subsection C or D of this Section is immune from all civil and administrative liability for reporting or failing to report a sexual assault, rape, sexual harassment, or sex trafficking incident, and nothing in this Section shall be construed to create any duty, obligation, or mandate for a person subject to the provisions of Subsection C or D of this Section.
(2) The immunity provided by this Subsection shall not extend to any person subject to the provisions of Subsection C or D of this Section in a case when such person is a principal, conspirator, or an accessory after the fact to an offense involving a sexual assault, rape, sexual harassment, or sex trafficking incident.
G. The commissioner, upon recommendation of the program administrator, may promulgate rules and regulations to effectuate the program in accordance with the Administrative Procedure Act, including but not limited to rules and regulations related to the development, establishment, and maintenance of the entire program.
H. The commissioner shall provide a system for vendors to verify the validity of individual server permits.
Acts 1997, No. 1054, §1; Acts 2003, No. 881, §1; Acts 2012, No. 463, §1; Acts 2018, No. 706, §1.