Anyone who sells or serves alcohol as part of their job in Nevada is required to complete state-approved training every four years.
Activists have pushed for the training requirements because Nevada lacks a “dram shop” law common in the majority of U.S. states, said Sandy Heverly, the co-founder of Stop DUI Nevada. Such laws hold bars and restaurants liable for damages caused by intoxicated customers who were overserved, but Nevada’s laws instead shield businesses from liability.
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Experts have said lobbying interests from the gaming and entertainment industries are a major reason Nevada businesses are protected from liability. Both the Nevada Resort Association and the Nevada Restaurant Association have said their industries emphasize training over civil litigation to prevent DUI crashes.
Peter Saba, the government affairs and communications manager for the restaurant association, said businesses face other consequences if they don’t properly train employees or if they allow employees to illegally serve alcohol to minors. Breaking local ordinances can affect a company’s liquor license.
“They already have these measures in place, like suspensions, fines, criminal exposures if they break the rules,” Saba said.
Fines start at $500 for businesses that fail to ensure that their employees complete alcohol awareness training, according to records from the Nevada Department of Taxation. A second offense is a $1,000 fine, and a third offense is $3,000.
The taxation department notified 23 businesses last year that they had failed to ensure that their employees received alcohol training, according to documents obtained through a public records request. All of the businesses were in Clark County, and the vast majority of the businesses were either gas stations or convenience stores. The records did not detail how much each business was fined.
Companies that offer the training are required to teach about local laws dictating the sale of alcohol, the effects of alcohol on the body, how to identify an intoxicated person and prevent serving a minor, and methods to stop serving an intoxicated person or prevent disturbances of the peace.
There are 16 companies in Nevada that are state-certified to give public trainings on alcohol awareness, according to records from the Nevada Department of Employment, Training and Rehabilitation.
One of the more popular courses is Techniques of Alcohol Management, also know as TAM. The company trains workers from several major casinos in Las Vegas, said Michael Stolnicki, the president of TAM of Nevada.
The company offers an online course that costs about $27. Its website advertises that customers can complete the course in about 2½ hours. Servers then have to take a test in person to obtain a work card and must retake the training every four years.
Stolinki said it’s important for servers to understand that they are the last point of contact when a customer purchases alcohol.
“They are the gateway,” he said. “It’s not the managers. It’s not the bosses. It’s the seller.”
A review of the TAM of Nevada course shows that the company references dram shop laws early on in the training. The course materials emphasize that servers and businesses are not held liable in Nevada for overserving customers.
“Nevada puts all of the responsibility and civil liability on the consumer,” the training states.
Instead of being faced with a legal incentive not to overserve patrons, workers who take the course are taught about the moral and ethical reasons to be careful with serving alcohol. The training also points out that it’s up to individual businesses to establish alcohol-related policies.
“Every person who sells and serves alcoholic beverages should take the responsibility to not serve their customers to intoxication and to ensure that underage persons do not consume,” the training states.
Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.
