§ 26:933 — Establishment of responsible vendor program

§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.

Legislative History

Acts 1997, No. 1054, §1; Acts 2003, No. 881, §1; Acts 2012, No. 463, §1; Acts 2018, No. 706, §1.