Sec. 106.14. ACTIONS OF EMPLOYEE
(a) For purposes of this chapter and any other provision of this code relating
to the sales, service, dispensing, or delivery of alcoholic beverages
to a minor or an intoxicated person or the consumption of alcoholic beverages
by a minor or an intoxicated person, the actions of an employee shall
not be attributable to the employer if:
(1) the employer requires its employees to attend a commission-approved
seller training program;
(2) the employee has actually attended such a training program; and
(3) the employer has not directly or indirectly encouraged the employee
to violate such law.
(b) The commission shall adopt rules or policies establishing the minimum
requirements for approved seller training programs. Upon application,
the commission shall approve seller training programs meeting such requirements
that are sponsored either privately, by public community colleges, or
by public or private institutions of higher education that offer a four-year
undergraduate program and a degree or certificate in hotel or motel management,
restaurant management, or travel or tourism management. The commission
may charge an application fee to be set by the commission in such amount
as is necessary to defray the expense of processing the application.
(c) The commission may approve under this section a seller training program
sponsored by a licensee or permittee for the purpose of training its employees
whether or not such employees are located at the same premises. This subsection
shall only apply to licensees or permittees who employ at least 150 persons
at any one time during the license or permit year who sell, serve, or
prepare alcoholic beverages.
(d) The commission may approve under this section a seller training program
conducted by a hotel management company or a hotel operating company for
the employees of five or more hotels operated or managed by the company if:
(1) the seller training program is administered through the corporate
offices of the company; and
(2) the hotels employ a total of at least 200 persons at one time during
the license or permit year who sell, serve, or prepare alcoholic beverages.