Respnsible Beverage Server Requirements in Wiscnsin Backgrund Since the mid-1980 s cmmunities and states have adpted respnsible beverage server (RBS) training requirements t reduce ver-serving. This develpment f these prgrams were part f the mvement away frm the medical mdel treating each persn s alchl-related prblems independently and twards the newer envirnmental mdel fcused n the cntext f alchl use, ften called the alchl envirnment, and hw it cntributed t alchl misuse. Respnsible Beverage Server training was initially seen as a methd t empwer servers by increasing their awareness f alchl-related prblems and prviding specific skills t reduce excessive alchl use. i The primary reasns this apprach appealed t plicy makers included: It was aimed at drinkers The drinker did nt need t self-mnitr The interventin addresses the drinking pattern and nt the individual The ccasinal drinker wh ver-imbibed was treated the same as the heavy drinker ii Many cmmercial vendrs emerged t prvide Respnsible Beverage Server training including T.I.P.S. intrduced in 1982 by Dr. Mrris Chafetz, the funding directr f the Natinal Institutes n Alchlism and Alchl Abuse within N.I.H. iii This prgram is apprved fr use in Wiscnsin and has been viewed glbally by ver fur-millin servers. Over time, the riginal bjectins by the alchl industry subsided and Respnsible Beverage Server (RBS) training gained public acceptance. Hwever, acceptance cannt measure impact. The widely respected reference, Alchl: N Ordinary Cmmdity (secnd editin) ntes in its Ratings f plicyrelevant strategies and interventins (Table 16.1) under Staff training and huse plicies relating t respnsible beverage service (RBS) that Nt all studies have fund a significant effect f RBS training and huse plicies; needs t be backed by enfrcement fr sustained effects. iv The Centers fr Disease Cntrl and Preventin, Cmmunity Preventative Services Task Frce fund insufficient evidence f effectiveness t recmmend RBS v and What Wrks Wiscnsin: Plicies and Prgrams t Imprve Wiscnsin s Health cncluded that sme evidence f effectiveness exists and suggested RBS as part f a multi-cmpnent prgram that cmbined server training, cmmunity calitins and enhanced enfrcement. vi Currently 23 states, including Wiscnsin, require respnsible server training, althugh the requirements vary widely. vii Eleven states ffer incentives fr RBS training (reduced applicatin fees, reduced sanctins, etc.) and 12 thers require sme level f RBS training. Respnsible Beverage Server Requirements in Wiscnsin Page 1
Respnsible Beverage Server Training Requirements in Wiscnsin In Wiscnsin, RBS training is required nly fr license hlders and ne licensed peratr (bartender) n each shift. While it is required t becme a licensed peratr, it des nt autmatically qualify smene t becme a licensed peratr. Apprved RBS training is required even if an individual has cmpleted ther classes n mixlgy r bar management. When cmpared t ther states, Wiscnsin s current RBS requirements are very weak fr the fllwing reasns: Only ne server n duty is required t be a licensed peratr and therefre required t have the RBS training, what has been labeled a minimal mandate. viii Municipalities are preempted frm requiring additinal training fr licensed peratrs r requiring all servers and sellers t receive RBS training by rdinance. There is n requirement fr retraining r refresher training fr license renewal. Once the class has been successfully cmpleted and a license issued, n additinal training is required. Respnsible Beverage Server training, supprted by management, can supprt additinal evidencebased cmmunity steps t imprve the verall alchl envirnment, including enfrcing laws prhibiting selling alchl t intxicated r underage individuals. Implemented alne, Respnsible Beverage Server training is unlikely t have a significant brad impact. ix It is well established that infrmatin alne des nt change behavir and training cannt have any impact unless the lessns learned are implemented. x In additin t management supprt fr implementatin, tw factrs determine the inherent value f any RBS training: 1. Methd: Is the training ffered in a classrm r nline, is it lecture nly r there sme interactive exercises (rle play), what is the length f the sessin? 2. Class Cntent: What material is cvered and is the practical applicatin f the infrmatin cvered? Wh is respnsible fr the applicatin f the material? Research recently cnducted within Wiscnsin suggests servers are dissatisfied with the current training. A 2014 survey f 72 Brwn Cunty servers wh are past r present members f the Brwn Cunty Tavern League indicated the majrity described the curse as belw average, believed the material supprted the curse bjectives and fund the sessin unengaging. xi Wiscnsin statutes simply require a curriculum apprved by the technical cllege system, the Department f Revenue r anther educatinal apprval bard. xii Specific tpics are nt enumerated. Originally, these classes were ffered by the technical cllege system, but when nline classes were authrized it appears the quality f the sessins deterirated significantly. The Brwn Cunty survey fund that servers were ften directed twards the nline curse and fund it unfcussed and nt practical. Respnsible Beverage Server Requirements in Wiscnsin Page 2
Wiscnsin s preventin prfessinals and public health fficials have expressed dissatisfactin in the current RBS curriculum. The 2010 recmmendatins fr imprving Wiscnsin s alchl envirnment (smetimes called the alchl culture) by the Wiscnsin State Cuncil n Alchl and Other Drug Abuse included these three recmmendatins regarding Wiscnsin s Respnsible Server training: Wiscnsin statutes shuld be amended t require all individuals wh pur, serve r mix alchl t take respnsible beverage server (RBS) classes regardless f individual licensure. The Department f Revenue shuld require that the fllwing cntent be included in nline classes fr Respnsible Beverage Servers: Phts r vides f rle playing servers refusing t serve intxicated individuals, underage individuals r pregnant wmen. Infrmatin abut gender differences in metablizing alchl Infrmatin n the effect f alchl n the fetus, particularly brain develpment, during pregnancy. Managers training apprved fr use in Wiscnsin shuld require a higher level f respnsibility than beverage server training; specifically, hw t supervise serving staff t receive a managers license. xiii Research suggests that a minimum f fur hurs f instructin and practice is needed t achieve the needed level f knwledge and practice f new skills. The City f Madisn s ne-time experiment with an abbreviated (15-20 minute) RBS training fr Mifflin Street Blck Party servers was unsuccessful, althugh ther changes made it impssible t establish a causal relatinship between the brief training and disrder at the event. The Rle f Respnsible Beverage Server Training Given the weak evidence f effectiveness and the need fr management supprt plus regular enfrcement t achieve effectiveness, cmmunity grups shuld treat suggestins t fcus the majrity f their effrt n RBS training warily. This training is required by state law with many licensees reimbursing emplyees fr the cst. Prviding this training t lcal licensees withut any reimbursement has little benefit t the cmmunity while depleting calitin time and funding. Cmmunity calitins that hped t build a prductive relatinship with licensees thrugh RBS have been disappinted. There are sme circumstances that suggest a lcal calitin cnsider assuming a limited rle in RBS training. Fr several years, the Changing the Culture f Risky Drinking Calitin in La Crsse ffered free RBS training t the vlunteer servers at utdr events and festivals each year. Later evaluatin suggested that verall, license cnditins were needed n a wide range f plicies including secure perimeters, server sbriety, wrist-bands and prtin cntrl. The Calitin is currently pursuing a lcal rdinance t achieve these gals. The lessns learned were useful and the time well spent. Respnsible Beverage Server Requirements in Wiscnsin Page 3
In anther situatin, several cmmunities allw licensees t reslve the first citatin fr serving t an underage custmer by allwing the plice r lcal calitins t ffer RBS training t their entire staff. In these situatins, calitins wrking n multiple interventins have successfully supprted law enfrcement with assistance in the training. This allws the calitin t supprt lcal effrts t encurage cmpliance withut assuming the full weight f the training. Wiscnsin s current Respnsible Beverage Server training can be ne step within a cmprehensive plan t imprve the cmmunity alchl envirnment. Hwever, it is imprtant t remember that RBS training can nly have impact if existing laws n ver-serving and serving underage individuals are enfrced. Appendix: Respnsible Beverage Server Requirements in Selected States: When cnsidering Wiscnsin s training requirements it can be useful t cnsider the requirements in ther states. The state f Oregn is widely cnsidered t have ne f the mst effective Respnsible Beverage Server trainings requirements in the natin. Oregn: In 1979, Oregn adpted the first universal RBS training requirement fr all servers in retail establishments in the United States. The riginal prpsal alng with later amendments resulted in apprximately 20% f existing licensees and all new servers receiving training each year. The Oregn Liqur Cntrl Bard RBS required curse cntent in 1987 was: xiv The effects f alchl n the bdy Interactin effects f alchl with ther drugs, bth prescriptin and illicit Prblem drinking and alchlism State f Oregn alchl services laws Drinking and driving laws in Oregn and legal liability issues Effective server interventin techniques including hw t intervene with a custmer shwing signs f intxicatin r drinking t much Alchl marketing practices fr respnsible alchl service The Oregn Liqur Cntrl Bard (OLCB) revised its training rules and ptins in 2014. xv required tpics include: Currently, Why it is imprtant t avid selling alchl t minrs and visibly intxicated persns Hw t recgnize minrs and visibly intxicated persns Hw t check identificatin Hw t refuse t sell alchl t minrs and visibly intxicated persns Respnsible Beverage Server Requirements in Wiscnsin Page 4
Califrnia: Califrnia des nt have a statewide mandate fr RBS, but sme municipal rdinances have been adpted. The standards belw were accmpanied by a mdel rdinance when release in 2007. The Ventura Cunty Behaviral Health Department cmmissined tw prminent alchl plicy attrneys t create a list f the evidence based best practices in Respnsible Beverage Server training. Califrnia s system f alchl cntrl is very different frm Wiscnsin municipal licensing system, and there are aspects f these recmmendatins that may be incmpatible with Wiscnsin law but are included fr clarity and accuracy. xvi Ventura Cunty Behaviral Health Department Recmmendatins: xvii Curse Frmat Recmmendatins: Lecture (live r recrded) with skill building and rle playing activities Minimum prgram length (minimum 2-3 hurs, manager 3-4 hurs) Apprval f bth curse and the trainers Cmpletin certificates Penalties fr failure t cmplete Recmmended tpics fr ff-premises alchlic beverage sales establishment servers Minimum f 2 t 3 hurs f instructin: Alchl as a drug and its effects n the bdy and behavir, including: Signs and stages f intxicatin (including five levels f intxicatin varying frm legally intxicated t bviusly intxicated) Factrs that vary bld alchl cncentratin (bdy weight, gender, fitness, envirnment, health, tlerance, fd, alchl cncentratin) and facts abut alchl impaired driving The interactin f alchlic beverages and ther cmmnly used drugs, legal and illegal, prescriptin and nn-prescriptin State laws, including Alchl Beverage Cntrl (ABC) regulatins, lcal rdinances, and criminal and civil penalties, cvering the sales r service f alchlic beverages and the peratin f establishments serving alchlic beverages, including: Sales t persns under the age f 21 Pssessin by persns under the age f 21 Minrs n public premises Keg registratin Sales t bviusly intxicated persns and server s duty f care Driving while under the influence Hurs f peratin Age f servers Unsupervised sales by persn(s) under 18 Sale and/r cnsumptin after hurs Emplyees accepting alchlic beverages Battery and assault and defenses theret Disrderly/disruptive premises Respnsible Beverage Server Requirements in Wiscnsin Page 5
In additin, knwledge f hw these laws apply t the jb functins f the trainee. Methds and skills fr limiting service t patrns Recgnizing signs f intxicatin and intervening with intxicated patrns Recgnizing patrns under 21 years f age, including (1) Checking age identificatin dcuments (FLAG system - Feel, Lk, Ask, Give back) (2) Knwledge f acceptable frms f identificatin (3) Methds and skills fr recgnizing false identificatin; (4) Methds and skills fr eliciting infrmatin frm patrns with questinable ID Recgnizing shulder tapping [Yuth sliciting an unknwn persn as a straw purchaser] Intervening with belligerent patrns A cmprehensive test t ensure that the trainee has a wrking knwledge f the cncepts presented in the prgram as well as the skills needed t implement them Recmmended tpics fr On-premises servers in additin t all f the tpics listed abve fr a ttal training time f 2-4 hurs: Intervening with belligerent patrns, including effective methds fr serving patrns t minimize chances f intxicatin, and methds f cutting ff service and prtecting the safety f patrns Use f alternative means f transprtatin t ensure that intxicated patrns reach hme safely Cntrlling crwds and ther security measures Recgnizing patrns using illegal drugs n the premises Recgnizing persns using premises fr the sale r purchase f illegal drugs Recgnizing illegal gambling activities n the premises Methds and skills fr apprpriately pacing custmer drinking s that the custmer will nt leave the premises in an intxicated cnditin, including suggestive selling techniques and fd prmtin Knwledge f mixlgy, including knwledge f alchl equivalencies and their effects n the bdy, drink size and limits, and marketable alternatives t alchlic beverages New Mexic: The State f New Mexic requires RBS training fr bth n and ff premises establishments and bth servers and managers. The tpics required in the training are: xviii The effect alchl has n the bdy and behavir, including the effect n a persn s ability t perate a mtr vehicle when intxicated The effect alchl has n a persn when used in cmbinatin with legal r illegal drugs State laws cncerning liqur licensure, liqur liability issues and driving under the influence f intxicating liqur Methds f recgnizing prblem drinkers and techniques fr intervening with prblem drinkers Methds f identifying false drivers licenses and ther dcuments used as evidence f age and identity t prevent the sale f alchl t minrs The incidence f alchl related birth defects Respnsible Beverage Server Requirements in Wiscnsin Page 6
i Hlder, H.D., & Wagenaar, A.C., (1994). Mandated Server Training and Reduced Alchl-Invlved Traffic Crashes: A Time Series Analysis f the Oregn Experience, Accident Analysis and Preventin, Vl. 26, N. 1, 89-97. ii Saltz, R., (2011). Enlisting Bars and Restaurants in the Preventin f Intxicatin and the Subsequent Harms: Why It Matters. American Jurnal f Preventative Medicine; 41(3), 353-354. iii T.I.PS. website: http://www.tipsalchl.cm/?gclid=cmw_um tsecfdramgdp0a9w, accessed 10/17/2014. iv Babr, T., & Caetan, R., et.al., (2010). Alchl: N Ordinary Cmmdity, secnd editin, Oxfrd University Press, Table 16.1. v Centers fr Disease Cntrl and Preventin, Cmmunity Preventative Services Task Frce (Octber 2010). Preventing Excessive Alchl Cnsumptin: Respnsible Beverage Service Training, http://www.thecmmunityguide.rg/alchl/beverage_service.html vi University f Wiscnsin Ppulatin Health Institute, Schl f Medicine and Public Health. What Wrks fr Health: Plicies and Prgrams t Imprve Wiscnsin s Health (Respnsible Beverage Server Training), http://whatwrksfrhealth.wisc.edu/prgram.php?t1=21&t2=13&t3=35&id=83; accessed nline 9/29/2014. vii Msher, Tmey, Gd, Harwd and Wagenaar, (2002). State Laws Mandating r Prmting Training Prgrams fr Alchl Servers and Establishment Managers: An Assessment f Statutry and Administrative Prcedures, Jurnal f Public Health Plicy, Vl. 23, N. 1, 90-113. viii Msher, Tmey, Gd, Harwd and Wagenaar, (2002). State Laws Mandating r Prmting Training Prgrams fr Alchl Servers and Establishment Managers: An Assessment f Statutry and Administrative Prcedures, Jurnal f Public Health Plicy, Vl. 23, N. 1, 90-113. ix Natinal Research Cuncil and Institute f Medicine (2004). Reducing Underage Drinking: A Cllective Respnsibility. Cmmittee n Develping a Strategy t Prevent and Reduce Underage Drinking, Richard J. Bnnie and Mary Ellen O Cnnell, Editrs. Bard n Children, Yuth and Families, Divisin f Behaviral and Scial Sciences and Educatin; Washingtn, D.C.: The Natinal Academies Press. x Glynn, T., Leukefeld, C., Ludfrd, J. Editrs, Preventing Adlescent Drug Abuse Interventin Strategies Natinal Institute n Drug Abuse NIDA Research Mngraph 47, 1983. xi Gemignani, Michael, (Octber 2014). Unpublished Survey, Nrtheast Wiscnsin Technical Schl, prvided by Prfessr Gemignani. xii 125.04(5)(a)(5) xiii Wiscnsin State Cuncil n Alchl and Other Drug Abuse, Alchl, Culture and Envirnment Wrkgrup Recmmendatins. Changing Wiscnsin s Alchl Envirnment t Create Safe and Healthy Lives, 2010. xiv Hlder, H.D., & Wagenaar, A.C., (1994). Mandated Server Training and Reduced Alchl-Invlved Traffic Crashes: A Time Series Analysis f the Oregn Experience, Accident Analysis and Preventin, Vl. 26, N.1, 89-97. xv Oregn Liqur Cntrl Bard Rule OAR 845-009-0130, effective June 1, 2014. xvi Best Practices in Respnsible Alchlic Beverage Sales and Service Training, With Mdel Ordinance, Cmmentary, and Resurces. Center fr the Study f Law and Enfrcement Plicy, Pacific Institute fr Research and Evaluatin; Ventura, CA: Ventura Cunty Behaviral Health Department Publicatin, 2007. xvii Best Practices in Respnsible Alchlic Beverage Sales and Service Training, With Mdel Ordinance, Cmmentary, and Resurces. Center fr the Study f Law and Enfrcement Plicy, Pacific Institute fr Research and Evaluatin; Ventura, CA: Ventura Cunty Behaviral Health Department Publicatin, 2007. xviii New Mexic Administrative Cde Sectin 60-6E-5 (B) Respnsible Beverage Server Requirements in Wiscnsin Page 7