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HomeMy WebLinkAbout2005-005 CCRMember Kay Lasman introduced the following resolution and moved its adoption: - RESOLUTION NO. 2005-05 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the sale of alcoholic beverages to AMF Bowling Centers, Inc., dba AMF Earle Brown Lanes (the "Licensee"); and; and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on September 30, 2003, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the "Violation"); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity' relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures"); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and RESOLUTION NO. 2005-05 WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes, § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order, resolving issues relating to sanctions to be imposed by reason of the above-described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn. Stat. § 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat. § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. RESOLUTION NO. gnnS_n5 6: In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes. § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; c. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn. Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. AMF BOWLING CENTERS, INC. By Its 1 RESOLUTION NO. 2005-05 By Order of the City Council of the City of Brooklyn Center this 10th day of January, 2005. Januarv 10, 2005 Date ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lesman, Diane Niesen, and Mary O'Connor; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Jan-10-05 15:49 From-Kennedy & Graven RESOLUTION NO. 2005-05 AMF Earle Brown Lanes 6440 James Circle North Brooklyn Center, MN 55430 Brooklyn Center City Council Brooklyn Center Police Departrnent May 20, 2004 1 Council Members, +6123379310 T-855 P.002/018 F-480 ATTACMIENT ONE In response to the request from Bill Koncar, Brooklyn Center Police, to questions that have arisen from our liquor license violation on September 30, 2003. 1. A description of the training given to all servers who provides the training and what the training includes; how often the employees must.attend and how the licensee keeps track of A-ho attends the training; when during the employment the training is given; and any other description of details of training and instruction of servers or employees. All AMF employees who se::-/e alcohol are mandated to attend a TIPs class within their first 90 days of employment. TIPS is Training for Intervention ProcedureS. The TIPS of on premise training is a five-hour session for restaurants, bars and nightclubs. The purpose of TIPS is to help people create the kind of environment that promotes the safe and responsible enjoyment of alcohol. The TIPS program goal is to establish acceptable stands of practice: for serving alcohol. Loree Schutta is our certified TIPS trainer, and a full time bartender. She is recertified every year. TIPS servers are certified for a period of three: years. AMF Corporation and each center keeps up to date records of who needs to be recertified. To remain on the schedule each server, bartender, host, D.J. and Maraager must keep their certification up to date. Loree also attended an alcohol awareness program hosted by the Brooklyn Center Police. During hiring orientation tht-.re is a Statement for Employees Selling or Serving Alcoholic Beverages each eiziployee must sign off on this to be employed. See attachments 4 and 2. A description of periodic checks, reminders or refresher courses for employees.. Trainers are certified in 'TIPs each year, and server's certification is every three years. Managers are working the floor during all shifts, pre shift meetings are given, newsletters are written to remind servers to card customers and not to over serve. Fellow employees and security is also very good about checking with each other, and it is not uncommon to have someone D)ed more than once in an evening. Jan-10-05 15:50 From-Kannedy & Graven +6123370310 T-855 P-003/018 F-480 RESOLUTION NO. 2005-05 3. A description of the disciplinary, policies imposed on employees who violate liquor laws. AMF uses Progressive Disci-:)line within their centers. See attachments 1 and 3. 4. A description of signs that are posted, including What the signs say and where they are posted. Attachment 6A is posted at the main entrance to Jam's, our lounge. Attachments 6B and 6C are posted at the service window from the bowling lanes into the bar. Attachment 6D is posted behind the bar for employees and customers to see. 5. A description of steps ta'.cen by supervisors on an ongoing basis to monitor compliance with employ ex procedures. Managers are on the floor of the bar, dining room and bowling center. They are the second or third set of eyes. We check to make sure customers have been carded and are not being over served. We also have outside security on weekends to become yet another set of eyes. I hope that this helps answer your questions and concerns about our violation and how we are going about preventing it from happening again. It will not happen again, for this violation was the first in twenty-eight years of operations within Brooklyn Center. It is a personal embarrassment to the rehire management staff and lounge employees. We all take a lot of pride in our busine:i:; aad how we do business within the community. Thank-you, Lynn Roth 6d( Cent r Manager AMF Earle Brown Lanes Cc; C. Blanc, L_ Randall, L Hobson Jan-10-05 15:50 From-Kennedy & Graven RESOLUTION NO. 2005-05 • r r +6123379310 T-855 P. 004/018 F-480 EMPLOYEES SELIN'G/SERVMITG ALCOHOLIC BEVEP AGES 1. GUIDEL1NEMURPOSE: AMF has established a policy for the lawful and responsible We and service of alcoholic beverages by its employees. It is unlawful and a violation of this Guideline for AMF employees to sell or serve alcoholic beverages including. malt beverages. vine or spirits, to anyone who is intoxicated or under theclcaal agc for consumption of alcoholic beverages. II. EMPLOYEES COVERED BY THE GUIDELINE: All employees of AMF's U.S. Bowlir I Center Operations ("BCO'J. 111. RESPONSIBILITY FOR END MIfISTRATION: U_ S. Bt O Crirter Managers and aIl keels of ECID Managw%!X IV. PROCEDURES: A. Identification Check 1. AMF requires an identifirar. on check on anyone who appears tp be tinder 30 years of age. Acceptable identification must include a picture of the person, as well as their birth date. All forms of identification must be currcat and val i.L Expired identification cannot be accepted. Acceptable identification is limited to the follow rig: a. State Drivers License b. State identification card (must be for state in which alcohol is being purchased) C. Military identification card d. Passport 2. No other form of identification is acceptable as age verification for the purchase of alcoholic beverages at AMF'Centers. B. Hours of Sale 1. The hours when alcoholic beverages can be sold vary by state, county and. local jurisdiction, depending on specific laws or ordinances. It is the responsibility of the District Manager, Center Manager and Food and Beverage Manager to check with local officials for limitations on hours for the sale of alcoholic beverages in a particular canter and to abide by the legal guidelines. C. Emolovee Violations 1. Any employee who sells or serves an alcoholic beverage to a customer who, in the sole opinion of the Center Manager or other managinnent representative, appears to be 30 years of age or less, without requiring the proper identification, will be subject to progressive discipline up to and including immediate termination. . 2. Any employee who sells or sea-ves an alcoholic beverage to a customer under the age of 21 will be subject to discipline up to and including immediate termination. 3. Any employee who is four. d by management to have knowingly sold an alcoholic beverage to a customer under the age of 21 wilt b•_ subject to immediate termination. Guideline-132 Rev. 05/02 Jan-10-05 15:50 From-Kennedy & Graven RESOLUTION NO. 2005-05 +61233T9310 T-855 P.005/018 F-480 4. Any employee who refuses to serve alcohol to a customer based solely on the fact that a customer is pregnant will be subject to discipline up to and including immediate termination. 5. Any employee who is cited for an alcohol service violation or who is determined by AMF to be responsible for an alcohol-related citation or charge being served on an ANT center will be suspended, without pay, pending the outcome of AW's investigation and any related legal proceedings. If the employee is absolved of responsibility or if the charge or citation is dismissed, the employee may be reinstated with back pay. Any other outcome will result in immediate termination. 6. Neither AMF nor any AMF center will be responsible for any expenses incurred by an employee in defending alcoholic beverage violations. This includes, but is not limited to, fines. penalties, attorney's fees, and loss of income for the empioyi:c. b. Withholding or Stoonins Service to Potentially Intoxicated Customers 1. All servers and sellers of alcot colic beverages are expected to observe and abide by the Behavior Cues and Absorption Rate Factors taug it by the TIPS program. 2. The Behavior Cues are defined by the TIPS program as `the charm irr people's behavior gftera few drinks. Usttoltt; the more alcohol .'n the bloodstream, the ruore ob%ious the ores'. These Cues are shown in lowered inhibitions, poor judgement, slowed reactions, and a loss of coordination. 3. TIPS derrne the Absorption Rite Factors as 'factors that help to gauge how rapidly a person 's Blood Alcohol Content (BACJ is rising „wing vorr an idea of how alcohol is affecring someone These factors include observation of the custorner's size, gender, mood, rate of consumption, as well as the . strength of the drink and whether or rrct the person is (or has) consuming food or is taking any kind of mcclicadon or drugs- 4. When a customer displays any behavioral changes and/or signs of intoxication, the involved employee. with the assistance of management must make a decision about continuing alcohol service to the customer. Signs of intoxication inclucc but are not limited to the following. a. Lowered inhibitions such' as becoming more talkative and overly friendly, or showing a loss of self control or mood swings. b. Inappropriate behavior such as using foul language, telling off color jokes. annoying others, or increasing the rate of drinking. c. Slowed reactions such as glassy unfocused eyes, moving more slowly, forgetting. or losing train of thought, slurring speech, and lighting more than one cigarette. d. Loss of coordinatio•a such as stumbling, swaying. and dropping belongings, or having trouble picking up items such as change. 5. Employees must be aware that some people have developed tolerance or the ability to mask these signs of intoxication. This does not mean that they can be served unlimited alcoholic bevera-es as their blood alcohol content still increases at the sarne rate of those who show these signs. 6. It is the responsibility of all slavers to monitor the alcohol consumption of customers and to prevent intoxication. Federal and sta:c laws require that employees make 'reasonable efforts' to prevent intoxication, prevent alcohol sales to minors, and intervene if a guest becomes intoxicated. 7, if and/or when the determination is made to stop service of alcohol to a customer, the manager must be consulted. This is a manaftc-rent decision based on the facts and observations of the serving employee. In addition, the following precautions must be taken: Guidetin~ 132 Raw. 05/02 Jan-10-05 15:50 From-Kennedy & Graven RESOLUTION NO. 2005-05 +6123379310 T-855 P.006/018 F-480 a. Management and all employees must abide by the decision to stop alcohol service to the involved person(s). b. All customer service 3°ople in the center must be alerted that service to this person has been stopped- c. Alternative transport:uion must be made available to prevent an intoxicated person from operating an automobile or leaving the premises under their own power, up to and including. placing a call to the police. d. Non-alcoholic bevertiges, such as fountain drinks, water, coffee, or juices should be offered to the customer. These bcvcra,;cs should be made available 'on-the-house' and accounted for following company policy. For more information, see "Alcohol Citation Procedure", in AW Guidelines. 1 Guideline-132 Rcv.05/02 Jan-10-05 15:50 From-Kennedy & Graven RESOLUTION NO. 2005-05 +6123379310 T-855 P.007/0IS F-480 ALCOHOL CITATION PROCEDURE L CUIDELINEIFUUOSE: AMF has established a guideline for e nfortunate citations that may occur in the centers if the alcohol server(s) Violates local, state, and/or f uleral law. When these violations occur, local regulatory agencies (police, alcohol control. personnel, etc.) often issue citations to the center. This guideline will help the center follow a specific plan of action. 11. EMPLOYEES COVERED BY THE GUIDELINE: All employees of AMF's Bowling Center Operations BCO°). III. RESPONSIBUXI'Y FOR ADMINISTRATION: BCO CenterManagrrs and all le rds of BCG Nbragemem TV. PROCEDURES: A. First Thinss to Do after R-ixivino a Citation 1. If the manager on duty is anyone other than the Center Manager, the Center Manage' must be notified immediately. 2_ Within 24 hours of the incickmt, the Center Manage- must notify the District Manager. Upon this notification. the District Manager must notify the Regional Vice President immediately. 3. In addition, the Licensing, Legal, and Food & Beverage Departments at Corporate must be notified within 24 hours of receiving the citation, each of the above departments should be faxed a copy of the citation accompanied by the Inei i,!nt Report (see Exhibit A in this section). 4. All alcohol related incidents must be documented. Documentation is required for company and center records and can be an import<nt tool in the events of legal proceedings- Accurate documentation is important to show that.rmsonabie and responsible efforts were made to provide a safe environment for customers and employees: B. Documentation of Incidents 1. All incidents must be documented in writing. This includes, but is not limited to, incidents of violence. intoxication, underage alcohol consumption, and accidents. Incidents maybe customer or employee related. 2. Documentation should contain the following: Date, Tirne, Name of Manager on Duty or Shift Manager on Duty, Name of Pcrson(s) Involved, Details of Incident (i.e., was the person intoxicated? How many drinks/bccrs had the person b:,-n served? What caused the accident? Who started the fight? What caused the fight? Exactly where in the center or on the property, did the incident stardend? Name of witnesses. Statements from witness, t (customer & employee), Actions taken (were ID's checked? Was the person 'cut-off from alcohol set-vice? Were the-police/security called? If the incident is alcohol related, was food offered? Was a free cab ride offered? Were non-alcoholic beverages offered?) Guideline-133 Rev. 07101 Jan-10-05 15:50 From-Kennedy & Graven RESOLUTION NO. 2005-05 +6123379310 T-855 P.008/018 F-480 3. Document incidents on the Ir.cident Report Form (Exhibit A in this section). This report should be kept in a special file or center notebock. It is your detailed history of the incident and may be needed to show legal authorities how the center iandled the situation. C. Avoiding Alcohol Citations and Other Incidents L Reasonable and responsible efforts AMF centers should take to avoid alcohol related incidents include the following a. Meet the AMF requitement for TIPS training. Ensure that all staffinvolved in customer service is trained in the *rips program. This includes all management. F&B employees, control counter personn-d, and any other employees who deal with customers (barilounge and banquet employee's, posters. lane attendants, etc.). b. Check ID's of all parrons who order alcohol. c. Check an ID for evn-y alcoholic beverage sold (if one person orders 4 drinks, beers, etc. check 4 ID's from 4 dif.crent people). d. 'Cut-off' alcohol service to patrons who are becoming intoxicated. Do not continue to serve patrons to the poirnr of intoxication. c. Use'security during; busy periods, especially during busy open-play andJor `XTREME times. f Have a Designated Driver program and offer free non-alcoholic beverages to those who agree not to drink and then to drive for friends who are drinking. g. Serve only one a1c.3hol is beverage per person at a time- h. Do not sell a pitch-sr of beer to an individual. i_ Develop a relation Blip with a local cab company. Work-out a program for discounted service, if possible. Ca 11 this cab company to transport those who have over-consumed alcohol. NEVER ALLOW AN INTOXICATED PATRON TO DR VF- Pay for this cab service out of petty cash. (Refer to AMF Claims Manua), Section 9) j. Offer food and non-alcoholic beverages to patrons who have over consumed or to patrons who are consuming alcohol at a rapid torte. k. Communicate with co-workers when serving a patron previously served by that co- worker. L_ Use glow-in-the-dark wristbands to identify those patens who arc old enough to drink iiuring'?CfREME events. m. Call the police to prevent intoxicated patrons from driving or in the events of disorderly conduct. Always call the police if you have reason to believe that your actions will compound or escs late a situation- (Refer to AMF Claims Manual, Section 9) n, Ensure that all staff know and understand AMF Guidelines "Employee's Selling and 'Serving Alcoholic: Beverages". o. Never serve alcor of to patrons who are intoxicated, who are under the age of 21, or who are known to habitually abuse alcohol. 2. Ensure that all staff understands both company and personal liability for incidents. This information is covered in the TIPS program. Guideline-133 Rev. 07101 Jan-10-05 1550 From-Kennedy & Graven +6123379310 T-855 P-009/018 F-480 RESOLUTION NO. 2005-05 3. Ensure that staff understar ds d at their actions can either calm or escalate situations. Liability often stems from failure tc intervene in an incident at an early stage or from reacting in a manner, that escalates the situation. (Refer to AMT Claims Manual, Scetion 9) Incident Report Form Exhibit A Date: Tints: (AM/Plvi) Manager on Duty: Name(s) of Customer(s) OR Description of Person(s) 1. 2. 3. Description of Incident: (Continue on back if necessary) Action(s) Take: 1. 2- 3. Witnesses: 1. 2. 3. Employee Statements: Manager Statements: Customer Statements: Report Completed By: Guideline-133 Rev. 07/01 Jan-10-05 15:51 From-Kennedy & Graven RESOLUTION NO. 2005-05 +6123379310 T-855 P. 010/018 F-480 PROGRESSIVE DISCIPLINE L GUIDELINEIPURPOSE: It is the purpose of AMF to provide guidelines for progressive discipline actions that give employees an opportunity to improve performance or work habits, when appropriate. II. EMPLOYEES COVERED 1!Y THE GUIDELINE: All employees of AMT. III. REST'ONSISaXIYF'ORADAUNISTRA.TION: All levels of management and the Hunan Resources Department. IV. PROCEDURES: A. When an employee is issued a verbal or written warning, or when an employee is suslicnded or terminated, the reason should alwavs be cited. B. Every step of the Progressive Discipline Procedure should be carefully DOCUMENTED- 1. The first step of progressive discipline is a verbal warnin,^,. The manager should first discuss the infraction with the employee Write down the major points of the conversation and have the employee sign the written summary of the conversation. Use form #30702 (AMT Exhibit # 300-1) L If the employee's p,tiformance does not improve, then the manager will move to Step 2 of Progressive Discipline - Written Warning. The written warning should clearly specify the reason for the u aming and the recommended steps for improvcmcat Additionally, it may set forth the p; realty that will be involved if the employee engages in the problem conduct again. The: employee should sign the written warning. If he/she refuses to sign, write on the bottorr. of the form 'Employee refuses to sign". Have this signed and witnessed by at least one and preferably two other managem Use form #30701(AMF Exhibit # 300-2). 3. The next step in th,: progressive discipline program is a suspension without pay. The suspension must al EM be documented in writing and, either have the employee sign the written docurnerim ion or have a manager sign as a• witness. Use form #30701 (AMF Exhibit # 300-2) 4. If all other discipli:taty measures have failed, then term;nation is the final and most serious step. Sericus offenses ;neluding, but not limited to stealing, embezzlennernr- fighting, or use of alcohol or controlled substances on the job are sufficient for immediate termination without going through the progressive disciplinary steps. Form # 30701 must be used when an employee is terminated. 5. Prior to terminating any employee, the manager must obtain approval by the next level of management 6. If the manager is tenable to obtain the approval prior to termination, they are to place the employee on "administrative leave^, then obtain the approval. Administrative leave should last no ion > than- three (3) days. Guideline-300 Rev. 01/00 Jan-10-05 15:51 From-Kannedy & Gravan +6123379310 T-855 P-011/018 F-480 RESOLUTION NO. 2005-05 7. If it is determined that there is insufficient documentation to terminate the employee, they will be reinstated with buck pay. 8. Managers should consult with the Corporate Human Resources or Legal Department. prior to the rerminaricn of any employee- 9. Managers should maintain a copy of all progressive discipline notices and send the originals to the Employee Records Department for placement in the employee's personnel file. Guideline-300 Rev. 01/00 Jan-10-05 15:51 From-Kennedy & Graven +6123379310 T-855 P.012/018 F-480 RESOLUTION NO. 2005-05 r AMF FOOD & BEVERAGE STANDARD OPERATING PROCEDURES ALCOHOL. BEVERAGE MANAGEMENT (B) ALCOHOL AWARENESS TRAINING, 1. RESPONSIBLE ALCOHOL SERVICE A part of the responsibility that comes with holding a license to sell and serve alcohol is the legal and moral obligation to serve that alcohol in a responsible manner. Failure to do so may result in loss of license, fines, legal action against the license and/or the responsible employees and managers, and disciplinary actions up to and including terminations. (AMF Policy #351, Employees Selling and Serving Alcohol) Every, employee of an AMF center with a license to sell or serve alcohol is legally liable and responsible for the.r actions, even though the actual license is held and paid for by AMF Bowling Centers, Inc. or a designated division of the company. Responsible alcohol service is defined as Never serving a customer to the point of intoxication • Never serving alcohol -io a person who is (or you have reason to believe is) already intoxicated Never serving alcohol to a person who is under the legal age to consume (21 years of age throughout the United States) • Verifying the legal agE. of consumers or potential consumers by thoroughly checking for a legal and valid ID • Providing intervention for any person who is, or becomes, intoxicated to prevent them from causing harm to themselves, to others, or to property (including contacting law enforcement to prevent the person from operating a motor vehicle brother Iranspoctation or.from causing. harm) • Making all reasonable efforts to prevent intoxication, service to minors, and harm to people and/or property The first step in responsible alcohol service is to know'and abide by, state and local laws for the sale and/or service of alcohol. In all jurisdictions, ignorance of the law is not accepted as a legitimate reason for failure to abide by the law. All states maintain an alcohol authority or agency that enforces these laws. (The name of this agency will vary from state to state. Some examples of these names include the Liquor Control Board or LCB, the Alcohol Beverage Control Board or ABC, and the Liquor License Control Authority or LLC. in some states, this agency is an arm of the Bureau of Alcohol, Tobacco, and Firearms or ATF.) These agencies all offer trair ing on state regulations in some form. This training will vary from state to state. It rnay be available in the form of a written booklet andlor ALCOHOL BEVERAGE MGMT 1 B) ALCOHOL AWARENESS TRAINING Revised 4-03 Jan-10-05 15:51 From-Kennedy & Graven RESOLUTION NO. 2005-05 +61233T9310 T-855 P.013/018 F-480 video, full day seminars for lizensees and their employees, or anything between.- Management is responsible for insuring that staff involved in alcohol sales/service knows and abides by state and local regulations. (Local jurisdictions may make laws that are stricter than state laws so knowing local regulations is just as important as knowing state laws.) AMF requires that all emplcyees be introduced to AMF through an employee orientation program. Orientation includes using the ASSET@ program. ASSETO is a responsible alcohol service program that serves as a brief introduction to the TIPS@ program. This program trains the new employee in the key points of working around and dealing with customers who are consuming alcohol. AMF requires the use of this program so that all employees, even new ones, are aware of the responsibilities involved with serving alcohol. The ASSET@ program uses a special manual for each new employee.. The program ends with a short test and ofFars a certificate for the employee after they pass the test. To order ASSET@ manuals for your center contact any member of the Food & Beverage department. 2, TIPS® TRAINING AT AMF AMF mandates that all managers and those employees involved in the sales and/or service of alcohol be trained in the TIPS@ program (Training for Intervention ProcedureS) within the first 90 days of employment. This program is the most widely recognized responsible alcohol service program in the country. The TIPS® program is accepted in all states but some states require additional training in state-specific programs- All AMF districts: are required to have at least one TIPS@ trainer to conduct this training throughout the district. These trainers are trained and certified in state programs where required. AMF trainers are certified by Health Communications, Inc., the owners of the TIPS@ program, to certify servers, sellers., and managers in this program. To determine who is responsible for TIPS@ training in your district, contact your District Manager. . To schedule a TIPS@ class for managers or employees, contact your district manager and/or your district trainer. • To become a TIPSU trainer, contact the Food & Beverage department. Trainer training is curr?ntly out-sourced to Health Communications. To contact Health Communications, call 1-800-GET-TIPS- For more information on Alcohol Awareness Training and legal obligations, refer to the Legal Guidelines sectio , of this manual. ALCOqOL BEVERAGE MGMT 2 9) ALCOHOL AWARENP-SS TRAINING Revised 4-03 Jan-10-05 15:51 From-Kennedy & Graven r r ONNO.2005-05 F=® +6123378310 T-855 P.014/018 F-480 Polygraph Protectio>z Form It is the policy of AMF Bowling Center, Inc. to not require or demand any applicant for employment or prospective employment or any emplc yee to submit to or take a polygraph, fie-detector or similar test or examination as a condition of employment or continued employment_ Any employer who violates this provision in Maryland or Massachusetts is guilty of a misdemeanor and will be subject-to a fine. Statement for Fmployeas Selling or Serving Alcoholic Beverages 1 To enforce our obligation to the public: and to protect our license to serve liquor. AMF wants to make absolutely certain that its bartenders and service personnel do not illegally furnish intoxicafing beverages to customers. The definition of the term "illegally" includes; 1. The serving of customers under the legal state age limit. 2. The serving of customers of que!tionable age without proper age verification. If age is questionable, the customer must provide 2 forms of valid identification. The following constitute valid forms: a) Driver's License or Personal identification card issued by state b) Voter Registration Card c) Birth Certificate d) Passport e) Military Identification Card 3_ The serving of customers posses sing false identification or questionable age identification. 4. The serving of customers entering our establishment-who appear to be under the influence of alcohol or drugs. 5* The continued serving of customers approaching intoxication while on our premises. 6. The serving of alcoholic beverages to-customers desiring to take the alcohol off the center premises. When confronted with any of the above circumstances, do not serve the customer alcoholic beverages. If assistance is needed, notify the manager on duty. When necessary, the manager should contact local police. 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