MONTGOMERY — State Sen. Chris Elliott (R-Josephine) delayed about $80 million in contracts with state agencies and boards on Thursday over a dispute with the Alcoholic Beverage Control (ABC) Board.
The dispute between Elliott and the ABC Board is over implementing a 2023 law sponsored by allowing establishments with liquor licenses to receive voluntary "responsible vendor" training online rather than just in person.
Elliott said at a Contract Review Committee meeting on Thursday, "The ABC Board did not like this legislation and made several unsuccessful attempts to alter it during the legislative process."
"The legislative intent of this law was to make it easier for Alabama businesses to train their employees in the responsible service of alcohol and to remove barriers which may impede their ability to do so, something you'd think our ABC Board would find desirable. Some 18 months have passed since the governor signed this statute into law, and the ABC Board has still not promulgated the rules as directed by this act," Elliott said.
The Alabama Responsible Vendor Program is a voluntary program that allows licensees to become certified through the Alcoholic Beverage Control Board. Alabama's program requires the licensee to train all employees involved in the management, sale and service of alcoholic beverages. This training includes Alabama alcoholic beverage laws, legal age determination, civil and criminal penalties and risk-reducing techniques. Licensees who voluntarily join the program are also required to establish policies ensuring legal, responsible sales and to train employees in these policies.
Online responsible vendor training rules have been on the agendas for the past two ABC Board meetings. Board members moved to table the issue both times. ABC Board staff and restaurant and business groups have disagreed over what the rules should look like. ABC Board staff have said at previous meetings that applicants undergoing the training should score 100% to pass the test or review questions they missed. Industry groups want the rules to be pass/fail.
"They're trying to circumvent the legislative intent by creating a rule that's unworkable. We don't require doctors to pass the test with 100%. It's absurd," Elliott told 1819 News. "Moreover to have somebody to say, 'Oh, there has to be someone there to review the questions you got wrong.' Well, good gracious, that's the whole point of the online testing, so there doesn't have to be a proctor there and to encourage more participation in the responsible vendor program, which you would think the ABC Board would want because their participation rate is dismal. It's past time for them to do it. Simply delaying and hoping it goes away and they won't have to do it is not going to work."
Members of the contract review committee can't kill contracts before the committee, but they can delay the contract from going into effect for 45 days.
Dean Argo, manager of government relations and communications for the ABC Board, said in a statement to the media on Thursday, "Online training for the ABC Board's Responsible Vendor Program (RVP) is allowed and has been taking place for some time."
"The 2023 law by Sen. Chris Elliott did not require the ABC Board to promulgate rules or change any existing rules. A private association approached the ABC Board three months ago and requested that several rules regarding the online training presentation be clarified to benefit its members. The ABC Board agreed to do because the clarifications did not impact whether or not online training was offered. However, there was disagreement over how incorrect answers offered online were processed. After further discussion, ABC Board staff presented the Board last month with a modified rule - Update on Petition for Rule Modification regarding Responsible Vendor Certification: 20-X-12-.04 (Certification Requirements); 20-X-12-.06 (Maintaining Certification); 20-X-12-.09 (Course of Instruction). During its regularly scheduled meeting on October 17, 2024, the Board asked staff for some additional research on what other states are doing regarding online RVP Training. The proposed rule modification is on next week's (November 14, 2024) agenda," Argo said.
Elliott replied, "The statement from the ABC Board is the type of classic bureaucrat double speak that frustrates small business owners and their representatives alike."
"ABC rules that are in existence today directly contradict Act #2023-252. Specifically, the Administrative Code of Alabama 20-X-12-.09. (3) requires "The format of the course of instruction shall include face-to-face training and question and answer opportunities." This is obviously not conducive to online training. To say otherwise is just wrong. Additionally Act #2023-252 also allows participants to store the records digitally. The ABC has not updated the regulations regarding this provision either. ABC has a duty to bring their regulations into compliance with the statute," Elliott said. "The proposed rule change (that ABC says isn't required) was on the agenda for both the September 19 and October 17 meetings and was carried over both times. There is NO ONLINE TRAINING in Alabama that satisfies the current requirements of the ABC Board and they know that. To contend otherwise is misleading at best. The two major national providers in alcohol training have not been approved. It should be the goal of the ABC Board to have as many people as possible trained in the responsible sales and service of alcohol. It certainly is the intent of the Alabama Legislature."
To connect with the author of this story or to comment, email caleb.taylor@1819News.com.
Don't miss out! Subscribe to our newsletter and get our top stories every weekday morning.
