§ 61-3-120 — Alcohol server training programs; curriculum.

Section effective January 1, 2026. (A)(1) The department shall approve alcohol server training programs offered by providers that are based on best evidence practice standards. The department may collaborate with DBHDD and the division to determine appropriate providers for the purposes of this chapter. The department shall approve or deny a program within sixty days of application by a provider. A provider may appeal a denial pursuant to Section 61-2-260 and the South Carolina Administrative Procedures Act. (2) A provider may charge a licensee, permittee, or individual seeking training for the purpose of employment as an alcohol server or manager a fee not to exceed fifty dollars per participant. (B) The curricula of each program must include the following subjects: (1) state laws and regulations pertaining to: (a) the sale and service of alcoholic beverages; (b) the permitting and licensing of sellers of alcoholic beverages; (c) impaired driving or driving under the influence of alcohol or drugs; (d) liquor liability issues; (e) the carrying of concealed weapons by authorized permit holders into businesses selling and serving alcoholic beverages; and (f) life consequences, such as the loss of education scholarships, to minors relating to the unlawful use, transfer, or sale of alcoholic beverages; (2) the effect that alcohol has on the body and human behavior including, but not limited to, its effect on an individual's ability to operate a motor vehicle when intoxicated; (3) information on blood alcohol concentration and factors that change or alter blood alcohol concentration; (4) the effect that alcohol has on an individual when taken in combination with commonly used prescription or nonprescription drugs or with illegal drugs; (5) information on recognizing the signs of intoxication and methods for preventing intoxication; (6) methods of recognizing problem drinkers and techniques for intervening with and refusing to serve problem drinkers; (7) methods of identifying and refusing to serve or sell alcoholic beverages to individuals under twenty-one years of age and intoxicated individuals; (8) methods for properly and effectively checking the identification of an individual, for identifying illegal identification, and for handling situations involving individuals who have provided illegal identification; (9) South Carolina law enforcement information including, but not limited to, the most recently published official statistics on drunk driving accidents, injuries, and deaths in South Carolina; and (10) other topics related to alcohol server education and training designated by the department, in collaboration with DBHDD and the division, to be included. (C) The department shall approve only online designed training programs that meet each of the following criteria: (1) a program must cover the content specified in subsection (B); (2) the content in a program must clearly identify and focus on the knowledge, skills, and abilities needed to responsibly serve alcoholic beverages and must be developed using best practices in instructional design and exam development to ensure that the program is fair and legally defensible; (3) a program shall be offered online; (4) online training must be at least four hours, be available in English and Spanish, and include a test; (5) online or computer based training programs must use linear navigation that requires the completion of a module before the course proceeds to the next module, with no content omitted, be interactive, have audio for content, and include a test; (6) training and testing must be conducted online. All tests must be monitored by an online proctor. A passing grade for a test, as provided by the program, is required; and (7) training certificates are issued by the provider only after training is complete and a test has been passed successfully. (D) Within ten business days after a training is completed, each provider must give to the department a report of all individuals who have successfully completed the training and testing. The provider must also maintain these records for at least five years following the end of the training program for purposes of verifying certification validity by the department or the division. (E) The department, in collaboration with DBHDD and the division, may suspend or revoke the authorization of a provider that the department determines has violated the provisions of this chapter. If a provider's authorization is suspended or revoked, then that provider must cease operations in this State immediately and refund any money paid to it by individuals enrolled in that provider's program at the time of the suspension or revocation.

Legislative History

HISTORY: 2025 Act No. 42 (H.3430), SECTION 3.A, eff January 1, 2026. Editor's Note 2025 Act No. 42, SECTION 11, provides as follows: "SECTION 11. This act takes effect January 1, 2026, and applies only to causes of action or claims arising or accruing after January 1, 2026, and applies to all policies issued after that date, other than Section 61-4-523 which takes effect upon approval by the Governor."