Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code



Subchapter I. RESPONSIBLE ALCOHOL MANAGEMENT PROGRAM


GENERAL

Sec.


5.201.    Purpose.
5.202.    Definitions.
5.203.    Mandatory training for managers.
5.204.    Mandatory training for alcohol service personnel.
5.205.    RAMP certification prerequisites.
5.206.    RAMP certification.
5.207.    Records.

CURRICULUM FOR SERVER/SELLER TRAINING


5.211.    Curriculum for server/seller training.
5.212.    Standard curriculum.
5.213.    Alternative curriculum.

ONLINE TRAINING PROVIDERS AND PROGRAMS FOR
SERVER/SELLER TRAINING


5.221.    Online training provider application.
5.222.    Online training program approval process.
5.223.    Minimum standards of the online training program.
5.224.    Online training provider responsibilities.
5.225.    Renewal of authorization.
5.226.    Training vouchers.
5.227.    Deauthorization of online training providers.

CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING

Sec.


5.231.    Classroom instructor application.
5.232.    Classroom instructor approval process.
5.233.    Minimum standards of classroom training.
5.234.    Classroom instructor responsibilities.
5.235.    Renewal of authorization.
5.236.    Deauthorization of classroom instructors.
5.241.    [Reserved].
5.242.    [Reserved].
5.243.    [Reserved].

ADDITIONAL PROHIBITED CONDUCT


5.251.    Additional prohibited conduct.
5.261.    [Reserved].
5.271.    [Reserved].

Authority

   The provisions of this Subchapter I issued under section 207(i) of the Liquor Code (47 P.S. §  2-207(i)), unless otherwise noted.

Source

   The provisions of this Subchapter I adopted June 25, 2010, effective June 26, 2010, 40 Pa.B. 3494, unless otherwise noted.

GENERAL


§ 5.201. Purpose.

 This subchapter implements the provisions authorized under section 471.1 of the Liquor Code (47 P.S. §  4-471.1).

Authority

   The provisions of this §  5.201 amended under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.201 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (371326) and (379379).

§ 5.202. Definitions.

 When used in this subchapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise:

   Alcohol service personnel—Any employee of a licensee such as a bartender, waiter or, in the case of a distributor or importing distributor, a salesperson whose primary responsibility includes the resale, furnishing or serving of liquor or malt or brewed beverages. It shall also mean any employee, such as a doorperson, whose primary responsibility is to ascertain the age of individuals who are attempting to enter the licensed premises.

   Alternative curriculum—Curriculum for server/seller training that was developed by an entity other than the Bureau of Alcohol Education.

   BAE—Bureau of Alcohol Education—The office in the PLCB that is responsible for administering the Responsible Alcohol Management Program (RAMP).

   Classroom instructor—An individual who is authorized by the PLCB to instruct students on server/seller training in a classroom setting where the instructor and the students are physically present.

   Designated employee—An employee of a licensee whose primary job for the licensee is employee training or providing human resource services.

   Licensee—An individual, person or entity that holds a license issued by the PLCB.

   Material change—A change that affects or impacts the substance of the curriculum or changes the order of the curriculum. A material change may include the addition of unapproved information or the deletion of approved information.

   New employee—An individual who has not been employed at the licensed premises in any capacity during the preceding year.

   Online training provider—An individual or entity who is authorized by the PLCB to provide instruction to students on server/seller training by means of the Internet.

   Owner/manager training—Training conducted by the PLCB or its employees for individuals who manage or own licensed premises.

   PLCB—Pennsylvania Liquor Control Board.

   RAMP—Responsible Alcohol Management Program—A certification program regarding the responsible sale and service of alcohol.

   Responsible server practices—Procedures and practices used by alcohol service personnel to prevent the furnishing or selling of alcoholic beverages to minors and visibly intoxicated persons.

   Server/seller training—Training conducted by the PLCB, a classroom instructor, or an online training provider for alcohol service personnel.

   Standard curriculum—Curriculum for server/seller training that is produced and provided by the Bureau of Alcohol Education.

   Student—An individual who has enrolled in a RAMP class or online training.

   Training voucher—A code or password that grants permission or access to an online training program that may be purchased from an online training provider.

Authority

   The provisions of this §  5.202 amended under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.202 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial page (379379).

§ 5.203. Mandatory training for managers.

 (a)  Any manager who is required, under section 471.1(g) of the Liquor Code (47 P.S. §  4-471.1(g)), to complete owner/manager training within 180 days of approval of appointment by the PLCB will be deemed to have met that training requirement if the appointed manager successfully completed the training within the 2 years prior to being appointed manager.

 (b)  Licensees must ensure that the manager has successfully completed owner/manager training within the past 2 years.

 (c)  The first time an individual enrolls in owner/manager training, he or she shall enroll and attend the owner/manager training in a classroom setting. The individual may take subsequent owner/manager training in a classroom setting or by means of online training, as preferred.

 (d)  Owner/manager training expires after 2 years. An owner/manager must renew owner/manager training every 2 years.

Authority

   The provisions of this §  5.203 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.203 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.204. Mandatory training for alcohol service personnel.

 (a)  Any alcohol service personnel who is required, under section 471.1(h) of the Liquor Code (47 P.S. §  4-471(h)), to complete server/seller training within 6 months of being hired by a licensee will be deemed to have met that training requirement if the training was successfully completed within the 2 years prior to being hired by the licensee.

 (b)  Licensees must ensure that each member of their alcohol service personnel has successfully completed server/seller training within the past 2 years.

 (c)  If a licensee obtains an off-premises catering permit for use at a catered function, all alcohol service personnel must have successfully completed server/seller training within 2 years prior to the date of the catered function.

 (d)  Server/seller training expires after 2 years. Alcohol service personnel must renew server/seller training every 2 years.

Authority

   The provisions of this §  5.204 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.204 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.205. RAMP certification prerequisites.

 (a)  Licensees may seek RAMP certification voluntarily, may commit to obtaining certification as part of a conditional licensing agreement entered into with the PLCB, or may be required to obtain certification by a provision in the Liquor Code or as a result of an adjudicated citation.

 (b)  Licensees applying for RAMP certification under section 471.1 of the Liquor Code (47 P.S. §  4-471.1) must complete the following prerequisites:

   (1)  Owner/manager training.

     (i)   At least one owner or the PLCB-approved manager must complete the owner/manager training.

     (ii)   The first time an individual enrolls in owner/manager training, the individual shall enroll and attend the owner/manager training in a classroom setting. The individual may take subsequent owner/manager training in a classroom setting or by means of online training, as preferred.

     (iii)   Training will include instruction on proper service of alcohol, developing an alcohol service policy and establishing house rules and policies aimed at preventing sales of alcoholic beverages to minors or visibly intoxicated persons. Instruction will also be provided on identification checks and signs of visible intoxication. Instruction will be provided on techniques to ensure that alcohol service personnel are complying with house rules and policies, including the orientation of new and current employees and the documentation of incidents occurring in the workplace.

     (iv)   Owner/manager training will be conducted by the PLCB. The PLCB will maintain records establishing the names of individuals who have successfully undergone owner/manager training.

   (2)  Server/seller training.

     (i)   At least 50% of the licensee’s alcohol service personnel must successfully complete server/seller training at the time of filing the application for certification of compliance. This percentage must be maintained or RAMP certification may be rescinded.

     (ii)   Successful completion of server/seller training is a score of 80% or better on the PLCB’s final examination.

     (iii)   Training will include instruction on detecting signs of impairment and intoxication, identifying underage individuals, and detecting false identifications, including those that are altered, counterfeit or borrowed. Instruction will focus on the practical application of the skills necessary to properly check identification, prevent intoxication and refuse service.

   (3)  New employee orientation.

     (i)   When preparing to apply for RAMP certification for the first time, the licensee’s owner, manager or designated employee must review an orientation checklist with all alcohol service personnel. The orientation checklist, provided by the PLCB, addresses the liquor laws regarding service to minors, service to visibly intoxicated patrons, acceptable forms of identification, carding practices and house policies.

     (ii)   New employees must receive orientation within 30 days of being hired by the licensee. When new employees are hired, the licensee is responsible for ensuring that the owner, manager or designated employee conducts new employee orientation within 30 days of the employee’s hire.

     (iii)   Once completed, orientation checklists should be kept by the licensee throughout the person’s employment and for 2 years after separation from employment.

   (4)  Display of responsible alcohol service signage.

     (i)   Licensees must post signs in the licensed premises. The signs will be provided by the PLCB, although a licensee may use its own signs as long as they are equivalent in size and content to the PLCB’s signs.

     (ii)   The following signs must be posted, notifying patrons about:

       (A)   Acceptable forms of identification as described in section 495(a) of the Liquor Code (47 P.S. §  4-495(a)).

       (B)   The licensee’s duty to refuse service to minors and visibly intoxicated persons under section 493(1) of the Liquor Code (47 P.S. §  4-493(1)).

     (iii)   The design of the signs must be so that they are legible from a distance of at least 10 feet. Signs must be located where patrons will easily see them.

     (iv)   The licensee is responsible for the posting and maintenance of signs.

Authority

   The provisions of this §  5.205 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.205 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.206 (relating to RAMP certification); and 40 Pa. Code §  5.207 (relating to records).

§ 5.206. RAMP certification.

 (a)  After a licensee has completed the prerequisites of RAMP certification as set forth in §  5.205 (relating to RAMP certification prerequisites), the licensee may file an application with the PLCB for RAMP certification. There is no fee for applying for certification or recertification.

   (1)  If the PLCB finds that the licensee has satisfied the prerequisites, the PLCB will approve the application for certification of the licensee.

   (2)  RAMP certification is valid for 2 years. The PLCB will issue a notice of certification to the licensee that will advise the licensee of the date that the certification will expire.

   (3)  The licensee must continually satisfy the certification requirements during that period or certification may be rescinded.

 (b)  If the PLCB finds that the licensee has not satisfied the prerequisites, the PLCB will deny the application for certification of the licensee.

   (1)  If the licensee was required to obtain RAMP certification as a result of an adjudicated citation or by the terms of a conditional licensing agreement, but failed to do so, the PLCB will refer the matter to the Pennsylvania State Police, Bureau of Liquor Control Enforcement.

 (c)  The PLCB’s certification of a licensee’s status as being RAMP compliant shall create a rebuttable presumption that the licensee is RAMP compliant. This is a matter of which official notice may be taken within the context of any proceeding before the Office of Administrative Law Judge or the PLCB.

Authority

   The provisions of this §  5.206 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.206 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.207. Records.

 (a)  A licensee that has obtained RAMP certification shall keep the following records:

   (1)  A current list of all members of the licensee’s alcohol service personnel, including the name of the employee, date of hire, date of training (owner/manager and server/seller) and date of new employee orientation.

   (2)  Date of licensee’s certification.

   (3)  New employee orientation checklist(s), as explained in §  5.205(b)(3) (relating to RAMP certification prerequisites).

   (4)  Responsible alcohol service signs it posted, where and when the signs were posted, revised and reposted.

 (b)  These records shall be maintained as part of the licensee’s operating records required to be kept for 2 years in accordance with section 493(12) of the Liquor Code (47 P.S. §  4-493(12)).

Authority

   The provisions of this §  5.207 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.207 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

CURRICULUM FOR SERVER/SELLER TRAINING


§ 5.211. Curriculum for server/seller training.

 Any individual or entity that wants to offer server/seller training must use the standard curriculum provided by the Bureau of Alcohol Education or an alternative curriculum that has been approved for use by the PLCB.

Authority

   The provisions of this §  5.211 amended under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.211 amended November 13, 2015, effective November 14, 2015, 45 Pa.B. 6593; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (379379) to (379380).

§ 5.212. Standard curriculum.

 (a)  The PLCB makes available, on the BAE’s page on the PLCB’s web site, an electronic link to the PLCB’s standard curriculum and a manual to be used by students. If an individual or entity requests the PLCB to provide this information in hard copy by means of mail, the PLCB will assess a flat fee, pursuant to an established fee schedule, for printing and mailing the information. The fee schedule will be published on the BAE’s page on the PLCB’s web site.

 (b)  The standard curriculum includes instruction on detecting signs of impairment and intoxication, identifying underage individuals and detecting false identifications, including those that are altered, counterfeit or borrowed. Instruction will focus on the practical application of the skills necessary to properly check identification, prevent intoxication and refuse service.

Authority

   The provisions of this §  5.212 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.212 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.213. Alternative curriculum.

 (a)  The PLCB makes available, on the BAE’s page on the PLCB’s web site, an electronic link to guidelines for submitting an alternative curriculum to be approved by the PLCB, along with an electronic link to the most current version of the PLCB’s Web Trainee Transfer Service requirements. If an individual or entity requests the PLCB to provide this information in hard copy through mail, the PLCB will assess a flat fee, under an established fee schedule, for printing and mailing the information. The fee schedule will be published on the BAE’s page on the PLCB’s web site.

 (b)  The PLCB is authorized to approve the use of an alternative curriculum and student manual developed by another person or entity for use by an online training provider or a classroom instructor. An application for approval of the alternative curriculum and student manual must be accompanied by a nonrefundable $250 application fee. The PLCB may approve the use of the alternative curriculum and student manual if they are equivalent to or exceed the PLCB’s standard curriculum.

 (c)(1) In the event that the alternative curriculum and student manual are not equivalent to or do not exceed the PLCB’s standard curriculum and student manual, the PLCB will advise the applicant in writing as to the deficiencies within 90 days of receiving the alternative curriculum, student manual and fee.

   (2)  The applicant will have 60 days from the date of the notification to complete the required changes to the alternative curriculum and resubmit it for evaluation. If the alternative curriculum and student manual still do not meet or exceed the PLCB’s standard curriculum and student manual, the PLCB will again advise the applicant in writing as to the deficiencies. The applicant will then have 30 days from the date of the second notification to complete the required changes to the online training program and provide access to the PLCB for a final evaluation of the alternative curriculum. The resubmission under this subsection does not require the payment of an additional fee.

     (i)   If the alternative curriculum still includes deficiencies after the third submission to the PLCB, the PLCB will send a notice to the applicant by United States mail that the alternative curriculum will not be approved and that the application is closed. No refund will be given to the applicant.

     (ii)   The PLCB will not accept, for a minimum of 1 year from the date of the notice advising the applicant that the application was closed, another application for alternative curriculum approval from the applicant. Applications will only be accepted during a period of open enrollment, which shall be posted on the BAE’s page on the PLCB’s web site.

   (3)  If the applicant has rectified the deficiencies in the alternative curriculum and student manual and they are approved by the PLCB, the applicant shall submit a clean, final copy of the approved alternative curriculum and the student manual.

Authority

   The provisions of this §  5.213 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.213 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.223 (relating to minimum standards of the online training program); 40 Pa. Code §  5.224 (relating to online training provider responsibilities); and 40 Pa. Code §  5.234 (relating to classroom instructor responsibilities).

ONLINE TRAINING PROVIDERS AND PROGRAMS FOR
SERVER/SELLER TRAINING


§ 5.221. Online training provider application.

 (a)  A person who wants to become an authorized online training provider of server/seller training shall submit an application for authorization issued by the PLCB and pay a nonrefundable application fee of $850, as well as a separate fee for a criminal record check.

   (1)  The PLCB will only accept applications during scheduled open enrollment periods, which shall be posted on the BAE’s page on the PLCB’s web site. The PLCB reserves the discretion to limit the number and frequency of open enrollment periods based on operational restrictions.

 (b)  The minimum qualifications of an online training provider are the same as the minimum qualifications of a classroom instructor, as set forth in §  5.231(b) (relating to classroom instructor application), except that online training providers are not required to attend owner/manager training.

 (c)  The applicant shall submit, for approval, a proposed online training program that must be approved by the PLCB before the PLCB will issue a notice of authorization to the online training provider.

Authority

   The provisions of this §  5.221 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.221 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.222 (relating to online training program approval process); 40 Pa. Code §  5.225 (relating to renewal of authorization); and 40 Pa. Code §  5.227 (relating to deauthorization of online training providers).

§ 5.222. Online training program approval process.

 (a)  The online training program must be based on the PLCB’s standard curriculum or an alternative curriculum that has been approved by the PLCB.

   (1)  Within 120 days of receiving the standard curriculum or approval to use an alternative curriculum, the applicant shall provide the PLCB with access to the proposed online training web site, including necessary login information for the purpose of viewing content and testing the web site.

   (2)  If the applicant requires more than 120 days to provide the PLCB with access to the proposed online training web site, the applicant may request an extension in writing, by letter or by e-mail. The PLCB may grant a 30-day extension for temporary, nonrecurring exigencies, such as instructor illness or family emergency, bad weather or other circumstances beyond the instructor’s control.

   (3)  If the applicant does not provide the PLCB access to the proposed online training web site by the deadline provided by the PLCB, the application will be denied and no refund will be given to the applicant.

 (b)  Upon receipt of the applicant’s proposed online training program, the PLCB will review and test the proposed online training program. While the online training program is under review by the PLCB, the applicant may not advertise the availability of the online training program or provide public access to the online training program.

 (c)  The PLCB will determine whether an applicant’s online training program meets the minimum standards set forth in §  5.223 (relating to minimum standards of the online training program).

 (d)  After the initial evaluation, the PLCB will, if necessary, notify the applicant of any required changes that need to be made to the online training program. The applicant will have 60 days from the date of the notification to complete the required changes to the online training program and provide access to the PLCB for a second evaluation of the online training program.

 (e)  After the second evaluation, the PLCB will, if necessary, again notify the applicant of any required changes that need to be made to the online training program. The applicant will have 30 days from the date of the notification to complete the required changes to the online training program and provide access to the PLCB for a final evaluation of the online training program.

   (1)  If the online training program still requires changes after the third submission to the PLCB, the PLCB will send a notice to the applicant by United States mail that the online training program will not be approved and that the application is closed. No refund will be given to the applicant.

   (2)  The PLCB will not accept, for a minimum of 1 year from the date of the notice advising the applicant that the application was closed, another application for online training program approval from the applicant. Applications will only be accepted during a period of open enrollment, which shall be posted on the BAE’s page on the PLCB’s web site. See §  5.221(a) (relating to online training provider application).

 (f)  If the applicant meets the minimum requirements and the PLCB has approved that person’s proposed online training program, the PLCB will issue to the online training provider a notice of authorization.

 (g)  The period of authorization shall be 1 year from the date of issuance of the notice of authorization. The renewal of authorization is addressed in §  5.225 (relating to renewal of authorization).

Authority

   The provisions of this §  5.222 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.222 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.223. Minimum standards of the online training program.

 (a)  Program features.

   (1)  The program content for the online training program must be either the standard curriculum or an approved alternative curriculum. Material changes to the curriculum may not be made without the approval of the PLCB.

   (2)  The online training program must cover topics required by the PLCB. The topics must be grouped into training modules. For some topics, the online training program must include mandatory language. The required topics, the mandatory language and the PLCB’s final examination will be made available to the applicant by the PLCB.

   (3)  The online training program must include knowledge checks at the end of each training module. Knowledge checks ensure that a student is properly reviewing and understanding the program content. The online training program must require a student to correctly answer questions based on course content. These questions should be designed to evaluate the student’s comprehension of each training module before students are permitted to advance to the next training module.

   (4)  The online training program must use the PLCB’s final examination.

   (5)  The online training program must consist of at least 1 1/2 hours of instructional time.

   (6)  The online training program must contain any disclaimers required by the PLCB, which the PLCB will provide to the applicant.

 (b)  Program availability.

   (1)  Every online training provider shall make its online training program available to the general public.

   (2)  An online training provider shall require a student to register for the online training program by using specific personal identifiers provided by the PLCB.

     (i)   The online training program must provide the opportunity for a student to confirm and edit the information submitted in the registration process before proceeding.

     (ii)   The registration process must require the student to provide an e-mail address.

     (iii)   As soon as the student has completed the registration process, the online training program must send the student an e-mail confirming the student’s registration with that online training program. The e-mail must include a hyperlink to the online training program.

   (3)  If the online training provider offers training vouchers for licensees to purchase for the future use of the licensee’s employees, the online training provider’s web site must meet the requirements set forth in §  5.226 (relating to training vouchers).

 (c)  Program functionality.

   (1)  All text on each page or screen of the online training program must be narrated.

   (2)  Each page or screen of the online training program must be numbered.

   (3)  Each page or screen of the online training program must be timed so that a student may not advance to the next page or screen without having sufficient opportunity to review the contents of the current page or screen.

   (4)  Knowledge checks must be incorporated throughout the training.

   (5)  The online training program must require the student to answer security questions during registration that will be used, at random intervals, to validate student identity and participation throughout the course.

   (6)  The online training program must allow a student to pause and review previous pages or screens at any time.

   (7)  The online training program must allow a student to save progress in the program content, log out and resume the online training program at a later time. Once the student has begun the final examination however, logging out of the training program must not be permitted, as explained in subsection (d)(1)(i).

 (d)  Final Examination.

   (1)  At the conclusion of the online training program, the student shall be required to complete the PLCB’s final examination.

     (i)   The student shall have one attempt at the final examination. The student shall not be permitted to log out of the final examination and resume the final examination at a later time.

     (ii)   Questions in the PLCB’s final examination must be randomized by the online training provider.

     (iii)   The student shall not be able to print the final examination.

   (2)  The online training program must immediately score the final examination and immediately notify the student of that score. A score of 80% or better is required to pass the final examination.

     (i)   The online training program must be able to allow a student who receives a passing score on the final examination to print a certificate of completion provided by the PLCB.

     (ii)   A student who does not receive a passing score on the final examination may re-register for an online training program. However, the student may not retake the final examination without taking the online training program again.

   (3)  The online training program must provide each student with access to a manual.

     (i)   If the online training program is using the PLCB’s standard curriculum, then the student shall be provided with the manual for that curriculum.

     (ii)   If the online training program is based on an alternative curriculum that has been approved by the PLCB, then the student shall be provided with the manual for that curriculum.

     (iii)   Manuals may not be printed until the conclusion of the final examination.

     (iv)   Manuals may not be provided to anyone not participating in an approved online training program.

 (e)  Security and technology.

   (1)  The online training program must comply with the most current version of the PLCB’s Web Trainee Transfer Service requirements, as referenced in §  5.213(a) (relating to alternative curriculum).

   (2)  The online training program must encrypt, at all times, any personally identifiable information protected by law, including but not limited to a student’s social security number or date of birth. The online training provider shall not sell or use this information for any purpose other than for identification by the online training provider and verification by the PLCB.

   (3)  The online training program must comply with any and all applicable Federal and State laws and regulations related to information security.

Authority

   The provisions of this §  5.223 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.223 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.222 (relating to online training program approval process); and 40 Pa. Code §  5.227 (relating to deauthorization of online training providers).

§ 5.224. Online training provider responsibilities.

 Online training providers have the responsibility to do the following:

   (1)  Using the standard curriculum provided by the PLCB, or an alternative curriculum approved by the PLCB, provide students, by means of an online training program, with information regarding the current status of the law on issues regarding the sale or service of alcoholic beverages by licensees.

   (2)  Provide the PLCB with unlimited vouchers or pass codes that will allow the PLCB to access the online training program free of charge for review purposes.

   (3)  Train at least 225 students per year. Online training providers may request a waiver of the minimum requirements in this paragraph by sending a letter or e-mail to the PLCB. The PLCB will waive the requirements for minimum training activity for online training providers due to temporary, nonrecurring exigencies, such as online training provider illness or family emergency, bad weather or other circumstances beyond the online training provider’s control.

   (4)  Provide accurate records of a student’s completion of online training to the PLCB immediately following the online training by electronically transmitting the necessary electronic data regarding the student.

     (i)   Records must be sent in real-time or in frequent batch submissions not more than 15 minutes after completion of the final examination.

     (ii)   The online training provider shall monitor submissions daily and resolve, within 24 hours, any error message received from the PLCB indicating that the submission was not processed. If the error message cannot be resolved within 24 hours, the online training provider shall immediately notify the PLCB.

     (iii)   The online training provider shall maintain all records of online training sessions for a minimum of 2 years.

   (5)  Attend instructor meetings as scheduled by the PLCB.

   (6)  Refer all questions relating to course content to the PLCB.

   (7)  Provide technical support to students by means of telephone, internet chat exchange or e-mail. Technical support must be timely and accurate. Any technical support inquiry from a student must be resolved within 2 business days.

   (8)  Acknowledge or respond to e-mails, telephone calls or any other contacts placed by the PLCB, licensees or trainees, or both, within 48 hours.

   (9)  Submit all forms of correspondence used for marketing purposes to the PLCB for approval prior to dissemination. An online training provider shall not use any forms of correspondence for marketing purposes that have not been approved by the PLCB.

   (10)  With regard to changes to program content:

     (i)   Make required changes to written program content by the date provided by the PLCB.

     (ii)   Block public access to the program content until the required changes have been made and approved by the PLCB.

     (iii)   Refrain from making material changes to online training program content without being required to do so by the PLCB or without receiving approval from the PLCB to make the material changes.

       (A)   If the online training provider wants to make a material change to the online training program, the online training program must be submitted for review and approval, under the procedure set forth in §  5.213 (relating to alternative curriculum), along with a nonrefundable fee of $250 as required by that section, unless the changes were required by the PLCB.

   (11)  With regard to security and technology:

     (i)   Provide the PLCB with notice of any system enhancements or modifications, including upgrades and new versions and releases.

     (ii)   Report, in accordance with the Breach of Personal Information Notification Act (73 P.S. § §  2301—2329), any breach of system security or unauthorized release of personally identifiable information.

     (iii)   Report to the PLCB, within 24 hours, any system failure that prevents compliance with any of the requirements of this regulation.

     (iv)   Ensure the correction of a system failure within 7 calendar days.

   (12)  Notify the PLCB within 7 days of a change in the online training provider’s telephone number, e-mail address or physical address and provide the PLCB with the new telephone number, e-mail address or physical address.

Authority

   The provisions of this §  5.224 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.224 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.227 (relating to deauthorization of online training providers).

§ 5.225. Renewal of authorization.

 (a)  At least 30 days prior to the expiration of the online training provider’s authorization, the online training provider shall submit an application for renewal of authorization, which will be provided by the PLCB.

   (1)  If the online training provider does not want to make material changes to the online training program from the last time it was approved by the PLCB, the online training provider shall certify that no material changes were made to the online training program after it was last approved by the PLCB. In addition, the online training provider shall submit a $600 fee with the online training provider’s application for renewal of authorization, as well as a separate fee for a criminal record check.

   (2)  If the online training provider wants to make material changes to the online training program, then a $850 fee must accompany the online training provider’s application for renewal of authorization, as well as a separate fee for a criminal record check. The online training provider shall use the online training program approved by the PLCB until the notice of authorization has been renewed. The online training provider shall submit hard copy screen shots of the online training program that incorporates the material changes. The online training provider shall submit no more than two screen shots per one side of an 8 1/2 by 11 inch piece of paper. The screen shots may be in color or black and white.

 (b)  Untimely applications for authorization renewal.

   (1)  The PLCB may accept an application for renewal of authorization that is filed less than 30 days before the expiration of the current authorization, but not after expiration, if the applicant includes an additional filing fee of $100.

   (2)  The PLCB will not accept an application for renewal of authorization that is filed after the expiration of the current authorization.

   (3)  As of the date of the expiration of an online training provider’s authorization, the following will no longer be valid:

     (i)   Training that is completed by a student after the date of expiration.

     (ii)   Any training vouchers issued by an online training provider that have not been redeemed and training completed.

   (4)  As of the date of the expiration of the online training provider’s authorization, the online training provider is prohibited from allowing public access to its online server/seller training for server/sellers in this Commonwealth.

   (5)  The PLCB will not accept, for a minimum of 1 year from the date of expiration, an application from an online training provider whose authorization has expired. Under these circumstances, a new application must be filed, not an application for renewal. Applications will only be accepted during a period of open enrollment, which shall be posted on the BAE’s page on the PLCB’s web site. See §  5.221(a) (relating to online training provider application).

Authority

   The provisions of this §  5.225 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.225 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.222 (relating to online training program approval process).

§ 5.226. Training vouchers.

 (a)  The online training provider may sell training vouchers for future use by a licensee’s employees. A licensee may purchase training vouchers in bulk for future use by its employees.

 (b)  Training vouchers are valid for as long as the online training provider is authorized to provide server/seller training.

Authority

   The provisions of this §  5.226 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.226 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.223 (relating to minimum standards of the online training program).

§ 5.227. Deauthorization of online training providers.

 (a)  The PLCB will send a notice of violation to an online training provider by certified United States mail if the online training provider is:

   (1)  Failing to meet the minimum standards of the online training program set forth in §  5.223 (relating to minimum standards of the online training program).

   (2)  Failing to meet the responsibilities set forth in §  5.224 (relating to online training provider responsibilities).

   (3)  Engaging in prohibited conduct set forth in §  5.251 (relating to additional prohibited conduct).

 (b)  The notice of violation will give the online training provider a deadline by which the violation must be remedied. The amount of time given to remedy the violation will vary depending upon the complexity of the circumstances and may be up to 60 days. The notice of violation may advise the online training provider that its authorization is temporarily suspended, pending resolution of the violation.

   (1)  If the online training provider receives a notice that its authorization is temporarily suspended, the online training provider must immediately prohibit all students from accessing the online training program until the violation that prompted the suspension has been resolved.

 (c)  If the violation is not remedied by the deadline, or if the PLCB has grounds to issue a second notice of violation within the same authorization year as the first notice of violation, the PLCB will send a notice of deauthorization to an online training provider by certified United States mail. An appeal of the PLCB’s decision to deauthorize shall be in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

   (1)  If the online training provider receives a notice that it has been deauthorized, the online training provider shall immediately:

     (i)   Render the online training program inaccessible by new students;

     (ii)   Contact, by e-mail, all students who have started the course but not finished it and advise them to finish it within 14 days after the date of deauthorization;

     (iii)   Contact, by e-mail or by telephone, the purchasers of all unredeemed vouchers and advise them that the online training program is no longer authorized; and

     (iv)   Remit refunds to all purchasers of vouchers that have not been redeemed. The online training provider shall refund the amount for these vouchers at the same bulk rate that the purchaser paid.

 (d)  The PLCB will not accept, for a minimum of 1 year from the notice of deauthorization, an application from an online training provider that has been issued a notice of deauthorization. Under these circumstances, a new application must be filed, not an application for renewal. Applications will only be accepted during a period of open enrollment. See §  5.221(a) (relating to online training provider application).

Authority

   The provisions of this §  5.227 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.227 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

CLASSROOM INSTRUCTORS OF SERVER/SELLER TRAINING


§ 5.231. Classroom instructor application.

 (a)  A person desiring authorization to be a classroom instructor shall submit an application issued by the PLCB and pay a $500 nonrefundable application fee, as well as a fee for a criminal record check.

   (1)  The PLCB will only accept applications during scheduled open enrollment periods. The PLCB reserves the discretion to limit the number and frequency of open enrollment periods based on operational restrictions.

 (b)  The minimum qualifications of a classroom instructor include the following:

   (1)  Possessing a high school diploma or GED.

   (2)  Within the previous 5 years, having a minimum of 2 years of experience, full-time, as a trainer or in giving presentations in the field of education, law, law enforcement, substance abuse prevention, hospitality related to hotel/restaurant management or alcohol service training or other equivalent combination of experience and training.

   (3)  Being 21 years of age or older.

   (4)  Having no convictions that are related to alcohol, narcotics or other controlled substances and having no felony convictions in the previous 10 years.

   (5)  Attending owner/manager training once in the year preceding the date the application for instructor authorization is filed. Classroom instructors shall attend the owner/manager training in a classroom setting.

Authority

   The provisions of this §  5.231 amended under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.231 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (379380) to (379381).

Cross References

   This section cited in 40 Pa. Code §  5.221 (relating to online training provider application); 40 Pa. Code §  5.235 (relating to renewal of authorization); and 40 Pa. Code §  5.236 (relating to deauthorization of classroom instructors).

§ 5.232. Classroom instructor approval process.

 (a)  Applicants shall attend a 2-day mandatory training session in Harrisburg before the PLCB will issue a notice of authorization. An applicant who does not attend and complete the 2-day training session will be disqualified from consideration as a classroom instructor.

 (b)  The PLCB shall issue a notice of authorization to those applicants who have successfully completed the training session. The period of authorization shall be 1 year from the date of issuance of the notice of authorization. The classroom instructor is required to successfully complete a probationary period.

   (1)  Within the first 3 months of probation, the PLCB will evaluate the classroom instructor at least once. There are five possible evaluation ratings: Outstanding, Commendable, Satisfactory, Needs Improvement or Unsatisfactory.

     (i)   The classroom instructor must receive an ‘‘Outstanding,’’ ‘‘Commendable’’ or ‘‘Satisfactory’’ rating to successfully complete the probationary period.

     (ii)   If the classroom instructor receives a ‘‘Needs Improvement’’ rating, the classroom instructor will be re-evaluated by the PLCB at any time within the next 3 months. Upon re-evaluation, the classroom instructor must receive an ‘‘Outstanding,’’ ‘‘Commendable’’ or ‘‘Satisfactory’’ rating to successfully complete the probationary period. If the classroom instructor does not, the PLCB will terminate the classroom instructor’s notice of authorization.

     (iii)   If the classroom instructor receives an ‘‘Unsatisfactory’’ rating, the PLCB will terminate the classroom instructor’s notice of authorization.

     (iv)   ‘‘Termination’’ will be treated the same as deauthorization for purposes of §  5.236 (relating to deauthorization of classroom instructors).

Authority

   The provisions of this §  5.232 amended under section 207(i) and 471.1 of the Liquor Code (47 P.S. §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.232 amended November 13, 2015, effective November 14, 2015, 45 Pa.B. 6593; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial page (379381).

Cross References

   This section cited in 40 Pa. Code §  5.251 (relating to prohibited conduct).

§ 5.233. Minimum standards of classroom training.

 (a)  A classroom instructor shall conduct training sessions conforming to either the PLCB’s standard curriculum or an alternative curriculum approved by the PLCB.

   (1)  Each training session must consist of at least 2 1/2 hours of uninterrupted instructional time, not including time spent reviewing information with students or administering the final examination. Each training session must be taught in one session from start to finish.

   (2)  The ratio of students per classroom instructor may not exceed 40 to 1.

 (b)  A classroom instructor shall notify the PLCB of the following:

   (1)  At least 7 calendar days in advance of scheduling any training session. A classroom instructor shall provide notification to the BAE through the BAE’s page on the PLCB’s web site.

   (2)  Immediately of any training session cancellation. A classroom instructor shall provide notification to the PLCB by telephone or by e-mail.

   (3)  Immediately of any changes to the training schedule. A classroom instructor shall provide notification to the PLCB by telephone or by e-mail.

 (c)  A classroom instructor shall obtain the student information indicated in paragraphs (1)—(4) at the beginning of the training session. A classroom instructor shall send a completed attendance sheet to the PLCB within 7 days of the end of the training session, including the following information from each student:

   (1)  Name.

   (2)  Home address and e-mail address.

   (3)  Telephone number.

   (4)  Student identification number issued by the PLCB.

   (5)  Licensed establishment name, address and licensee identification.

   (6)  Time, date and location of training.

   (7)  Pass/fail score on the test.

 (d)  At the conclusion of the training, the classroom instructor shall administer a final examination prepared by the PLCB, ensuring that students complete the final examination individually, as a closed book examination, without access to references or assistance from others to aid in the completion of the final examination.

 (e)  Within 7 days, the classroom instructor shall grade the final examinations and notify students of their grades. A score of 80% or better is required to pass. The classroom instructor shall provide a standard participant wallet card to each student who passes the final examination. These wallet cards are provided to the classroom instructor by the PLCB. A student who does not pass the final examination may, at the first opportunity, schedule training and take the final examination again. However, the student may not retake the final examination without receiving the training again.

Authority

   The provisions of this §  5.233 amended under section 207(i) and 471.1 of the Liquor Code (47 P.S. §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.233 amended November 13, 2015, effective November 14, 2015, 45 Pa.B. 6593; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (379381) to (379382).

Cross References

   This section cited in 40 Pa. Code §  5.234 (relating to classroom instructor responsibilities); and 40 Pa. Code §  5.236 (relating to deauthorization of classroom instructors).

§ 5.234. Classroom instructor responsibilities.

 Classroom instructors have the responsibility to do the following:

   (1)  While on probationary status, the classroom instructor shall adhere to all of the PLCB’s Regulations and Probationary Status Instructor policies that will be provided by the PLCB.

   (2)  Using the standard curriculum provided by the PLCB, or an alternative curriculum approved by the PLCB, provide students with information regarding the current status of the law on issues regarding the sale or service of alcoholic beverages by licensees. Classroom instructors shall provide each student with a student manual that corresponds to the standard curriculum or an alternative curriculum approved by the PLCB.

     (i)   A classroom instructor shall refrain from making any material changes to the standard curriculum without being required to do so by the PLCB.

     (ii)   A classroom instructor shall refrain from making any material changes to an alternative curriculum without first receiving approval from the PLCB to make the proposed modifications or changes.

     (iii)   If the classroom instructor wants to make material changes to either the standard curriculum or an approved alternative curriculum, the classroom instructor must submit the curriculum, including the material changes, to the BAE for review and approval, in accordance with the provisions of §  5.213(b) (relating to alternative curriculum), unless the changes were required by the PLCB.

   (3)  Schedule training sessions in locations throughout this Commonwealth.

   (4)  Conduct at least two training sessions per quarter and train at least 225 students per year. Classroom instructors may request a waiver of the minimum requirements in this paragraph by sending a letter or e-mail to the PLCB. The PLCB will waive the requirements for minimum training activity for instructors due to temporary, nonrecurring exigencies, such as instructor illness or family emergency, bad weather or other circumstances beyond the instructor’s control.

   (5)  Provide accurate records of attendance and course completion, as required under §  5.233(c) (relating to minimum standards of classroom training), to the PLCB within 7 calendar days following each training session through the BAE’s page on the PLCB’s web site. Original attendance sheets must be submitted to the PLCB by first class United States mail, other delivery or express service or by e-mail.

   (6)  Attend instructor meetings as scheduled by the PLCB.

   (7)  Attend in-class owner/manager training at least once per year.

   (8)  Acknowledge or respond to e-mails, telephone calls or any other contacts placed by the PLCB, licensees and/or trainees within 48 hours.

   (9)  Submit all forms of correspondence used for marketing purposes to the PLCB for approval prior to dissemination. A classroom instructor shall not use any forms of correspondence for marketing purposes that have not been approved by the PLCB.

   (10)  Notify the PLCB within 7 days of a change in the classroom instructor’s telephone number, e-mail address or physical address and provide the PLCB with the new telephone number, e-mail address or physical address.

Authority

   The provisions of this §  5.234 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.234 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.236 (relating to deauthorization of classroom instructors).

§ 5.235. Renewal of authorization.

 (a)  At least 30 days prior to the expiration of the classroom instructor’s authorization, the classroom instructor shall submit an application for renewal of authorization, which will be provided by the PLCB. A $300 fee must accompany the classroom instructor’s application for renewal of authorization, as well as a separate fee for a criminal record check.

 (b)  If the classroom instructor is using an alternative curriculum, the classroom instructor shall submit a copy of the most recently PLCB-approved curriculum with the application for renewal of authorization. If the classroom instructor is using the standard curriculum, the classroom instructor need not submit a copy of the standard curriculum with the application for renewal of authorization.

   (1)  If the classroom instructor does not want to make material changes to the alternative curriculum from the last time it was approved by the PLCB, no additional fee is required.

   (2)  If the classroom instructor wants to make material changes to the alternative curriculum, then an additional $250 fee, for a total of $550, must accompany the classroom instructor’s application for renewal of authorization. The classroom instructor shall use the alternative curriculum approved by the PLCB until the notice of authorization has been renewed.

 (c)  Untimely applications for authorization renewal.

   (1)  The PLCB may accept an application for authorization renewal that is filed less than 30 days before the expiration of the current authorization, but not after expiration, if the applicant includes an additional filing fee of $100.

   (2)  The PLCB will not accept an application for renewal of authorization that is filed after the expiration of the current authorization.

   (3)  The PLCB will not accept, for a minimum of 1 year from the date of expiration, an application from a classroom instructor whose authorization has expired. Under these circumstances, a new application must be filed, not an application for renewal. Applications will only be accepted during a period of open enrollment. See §  5.231(a) (relating to classroom instructor application).

Authority

   The provisions of this §  5.235 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.235 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

§ 5.236. Deauthorization of classroom instructors.

 (a)  The PLCB will send a notice of violation to a classroom instructor by certified United States mail if the classroom instructor is:

   (1)  Failing to meet the minimum standards of classroom training set forth in §  5.233 (relating to minimum standards of classroom training).

   (2)  Failing to meet the responsibilities set forth in §  5.234 (relating to classroom instructor responsibilities).

   (3)  Engaging in prohibited conduct set forth in §  5.251 (relating to additional prohibited conduct).

 (b)  The notice of violation will give the classroom instructor a deadline if the violation can be remedied. The amount of time given to remedy the violation will vary depending upon the complexity of the circumstances.

 (c)  If the violation is not remedied by the deadline, or if the PLCB has grounds to issue a second notice of violation within the same authorization year as the first notice of violation, the PLCB will send a notice of deauthorization to the classroom instructor by certified United States mail. An appeal of the PLCB’s decision to deauthorize shall be in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

 (d)  The PLCB will not accept, for a minimum of 1 year from the notice of deauthorization, an application from a classroom instructor that has been issued a notice of deauthorization. Under these circumstances, a new application must be filed, not an application for renewal. Applications will only be accepted during a period of open enrollment. See §  5.231(a) (relating to classroom instructor application).

Authority

   The provisions of this §  5.236 added under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.236 added August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374.

Cross References

   This section cited in 40 Pa. Code §  5.232 (relating to classroom instructor approval process).

§ 5.241. [Reserved].


Authority

   The provisions of this §  5.241 deleted under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.241 deleted August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (379382) to (379383).

§ 5.242. [Reserved].


Authority

   The provisions of this §  5.242 deleted under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.242 deleted August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial page (379383).

§ 5.243. [Reserved].


Authority

   The provisions of this §  5.243 deleted under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.243 deleted August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (379383) and (350843).

ADDITIONAL PROHIBITED CONDUCT


§ 5.251. Additional prohibited conduct.

 The PLCB may deauthorize classroom instructors or online training providers for violating any of the provisions of this subchapter or engaging in the following conduct:

   (1)  Discrimination or harassment based on age, race, sex, disability, national origin or religion, or any other protected class under the Pennsylvania Human Relations Act (43 P.S. § §  951—963).

   (2)  An act that is in violation of the Liquor Code or this title.

   (3)  An act resulting in a misdemeanor or felony conviction.

   (4)  An act resulting in admittance into an Accelerated Rehabilitative Disposition (ARD) program if the underlying activity is related to alcoholic beverages, narcotics or controlled substances.

   (5)  Being under the influence of alcoholic beverages, narcotics or controlled substances during training presentations, breaks, or the final examination.

   (6)  Knowingly permitting students to be under the influence of alcoholic beverages, narcotics or controlled substances during training presentations, breaks, or the final examination.

   (7)  Cheating or condoning cheating by students.

   (8)  Knowingly providing false information on reports submitted to the PLCB.

Authority

   The provisions of this §  5.251 amended under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.251 amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (350843) to (350844).

Cross References

   This section cited in 40 Pa. Code §  5.227 (relating to deauthorization of online training providers); and 40 Pa. Code §  5.236 (relating to deauthorization of classroom instructors).

§ 5.261. [Reserved].


Authority

   The provisions of this §  5.261 deleted under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.261 deleted August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial page (350844).

§ 5.271. [Reserved].


Authority

   The provisions of this §  5.271 deleted under sections 207(i) and 471.1 of the Liquor Code (47 P.S. § §  2-207(i) and 4-471.1).

Source

   The provisions of this §  5.271 deleted August 27, 2021, effective August 28, 2021, 51 Pa.B. 5374. Immediately preceding text appears at serial pages (350844) to (350845).



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