R523. Health and Human Services, Substance Use and Mental Health.

R523-12. On-Premise Alcohol Training and Education Seminar Rules of Administration.

R523-12-1. Authority and Purpose.

(1) Section 26B-5-205 authorizes this rule.

(2) This rule:

(a) requires that every person who sells or furnishes alcoholic beverages to the public for on-premise consumption complete a seminar; and

(b) establishes criteria for:

(i) on-premise server training, including how an instructor provides the training;

(ii) seminar curriculum approval;

(iii) the requirement of an online course to design each seminar to inhibit fraud;

(iv) seminar provider certification; and

(v) the process for approval, denial, suspension, or revocation of a seminar provider's certification.

R523-12-2. Definitions.

(1) "Approved curriculum" means a provider's curriculum that has been approved by the Division of Integrated Healthcare (division).

(2) "Certification" means written approval from the division stating that an entity has met the requirements to become a seminar provider.

(3) "Licensee" means the same as defined in Subsection 26B-5-205(1)(b).

(4)(a) "Manager" means a person chosen or appointed to manage, direct, or administer operations at a licensee's premises.

(b) A manager may be a supervisor.

(5) "On-premise consumption" means the consumption of alcoholic products by a person within any building, enclosure, room, or designated area that has been legally licensed to allow consumption of alcohol.

(6) "Seminar" means the alcohol training and education seminar.

(7) "Server" means an employee who makes available, serves, or provides an alcoholic drink to a customer for consumption on the premises of a licensee.

(8) "Supervisor" means an employee who directs or has the responsibility to direct, transfer, or assign duties to a server.

(a) If the licensee employs a manager who is not the supervisor, the supervisor is under the direction of the manager.

(b) If the licensee does not employ a manager, the supervisor is under the direction of the owner or president of the licensee.

R523-12-3. Seminar Provider Certification Application Procedure.

(1) An applicant seeking first-time certification shall contact the division to apply for a seminar provider certification at least 30 days before the first scheduled seminar date.

(2) A seminar provider seeking recertification shall submit an application and training materials to the division at least 30 days before expiration of the current certification.

(3) Any seminar conducted by a noncertified entity does not meet the server training requirements authorized under Section 26B-5-205.

(4) An application shall be reviewed by the division to determine if the application is complete and in compliance with Section 26B-5-205 and Sections R523-12-4 through R523-12-9.

(5) If the division approves an application and the submitted curriculum and determines an applicant has met every other requirement, the division shall certify the applicant as a seminar provider.

(6) The division shall notify an applicant in writing that the application has been approved, denied, or needs further information within 30 days after receipt of the application.

R523-12-4. Seminar Provider Responsibilities.

(1)(a) Within 30 days of an individual completing a seminar, the seminar provider shall electronically submit to the division the:

(i) individual's name;

(ii) individual's date of birth;

(iii) last four digits of the individual's social security number;

(iv) date the individual completed the training; and

(v) required fee.

(b) The seminar provider shall securely send any personal information for an individual, specified in Subsection (1)(a), according to the method specified by the division.

(2) Each individual that has completed a seminar and passed the seminar provider administered and division approved examination shall be approved as an on-premise server for a period that begins at the completion date of the seminar and expires three years from that date.

(3) A seminar provider shall issue a certification card to the server that contains at least the:

(a) name of the server; and

(b) expiration date of the certification.

(4) A seminar provider shall be responsible for issuing any duplicate or lost card.

(5) A seminar provider shall implement at least three of the following measures to prevent fraud:

(a) authentication that accurately identifies the individual taking an online course or test;

(b) measures to ensure that an individual taking an online course or test is focused on training material throughout the entire training period;

(c) measures to track the time an individual taking an online course or test is actively engaged online;

(d) technical support, such as requiring a telephone number, email, or other method of communication that allows an individual taking an online course or test to receive assistance if the individual cannot participate online because of technical difficulties;

(e) a test to meet quality standards, including randomization of test questions and maximum time limits to take a test;

(f) a process that tracks who completes an online course or test, such as requiring a distinct online certificate with information printed on the certificate that identifies the individual taking the online course or test, or installing measures within the seminar provider's website that inhibit duplication of a certificate;

(g) measures to allow an individual taking an online course or test to provide an evaluation of the online course or test;

(h) a way to track the internet protocol address or similar electronic location of an individual who takes an online course or test;

(i) a means for an individual who takes an online course or test to use an e-signature; and

(j) a means to invalidate a certificate if the seminar provider learns that a certificate does not accurately reflect the individual who took the online course or test.

R523-12-5. Division Responsibilities.

The division shall maintain the database of servers who have completed the seminar.

R523-12-6. Approved Curriculum.

(1) Each seminar provider must have a curriculum approved by the division that provides at least three hours of instruction for first-time certification and for any recertification.

(2) The contents of an approved curriculum shall include the topics identified in Subsection 26B-5-205(4)(b) and the following components:

(a) alcohol as a drug and its effect on the body and behavior:

(i) facts about alcohol;

(ii) what alcohol is; and

(iii) alcohol's path through the body;

(b) factors influencing the effect of alcohol including:

(i) food and digestive factors;

(ii) weight, physical fitness and gender factors;

(iii) psychological factors;

(iv) tolerance; and

(v) alcohol used in combination with other drugs;

(c) recognizing drinking levels including:

(i) descriptions of behavioral signs and indications of impairment;

(ii) classification of behavioral signs; and

(iii) the definition of intoxication;

(d) techniques for servers to help control consumption that include:

(i) use of a classification system;

(ii) use of alcohol facts;

(iii) continuity of service; and

(iv) drink counting;

(e) Overview of state alcohol laws:

(i) Utah liquor distribution and control;

(ii) legal age of consumption;

(iii) prohibited sales;

(iv) third party liability and the Dram Shop Law;

(v) legal responsibilities of servers;

(f) techniques for dealing with the problem customer and rehearsal and practice of these techniques that include:

(i) slowing down service;

(ii) offering food or nonalcoholic beverages;

(iii) serving water with drinks;

(iv) not encouraging reorders; and

(v) discontinuing service;

(g) establishing house rules for regulating alcoholic beverages such as:

(i) management and co-workers' support; and

(ii) ways to deal with minors;

(h) alternative means of transportation and getting the customer home safely that include:

(i) asking a customer to arrange alternative transportation;

(ii) calling a taxi or transportation service;

(iii) arranging accommodations for the night; and

(iv) calling the police; and

(i) division-provided training and educational materials on ways to identify overdose.

R523-12-7. Examination.

The examination shall include questions concerning approved curriculum and the portion of the exam concerning Utah's alcohol laws and uniform questions approved by the Department of Alcoholic Beverage Services or as updated and approved by the division.

R523-12-8. Alcohol Training and Education Seminar Provider Standards.

(1) The division may certify an applicant who has a program course that:

(a) does not have a history of liquor law violations or any convictions showing disregard for laws related to being a responsible liquor provider;

(b) identifies each program instructor and instructor trainer and certifies in writing that each program instructor and instructor trainer:

(i) has been trained to present the course material; and

(ii) has not been convicted of a felony or of any violation of the laws or ordinances concerning alcoholic beverages within the last five years;

(c) agrees to notify the division in writing of any change in program instructor or instructor trainer and submit the assurances called for in Subsection (1)(b) for each new program instructor or instructor trainer; and

(d) establishes and maintains course completion records.

(2) Any online training course shall be provided on a secure website.

(3) A seminar provider shall update curriculum as requested by the division within 30 days of the request.

R523-12-9. Grounds for Denial, Corrective Action, Suspension, and Revocation.

The division may deny, suspend or revoke certification if:

(1) a seminar provider or applicant violates this rule or Section 26B-5-205;

(2) an applicant fails to correctly complete each required step of the application process; or

(3) a provider whose certification has been previously denied, suspended or revoked has reapplied without completing a previously required corrective action plan.

R523-12-10. Corrective Action.

(1) When the division becomes aware that an applicant or seminar provider is in violation of this rule the division shall:

(a) within 30 days after becoming aware of the violation, notify an applicant or seminar provider in a notice of noncompliance; and

(b) within 30 days of the notice of noncompliance, require:

(i) an applicant to provide any additional information needed to complete an application; or

(ii) require a seminar provider to submit a written plan for achieving compliance within 30 days after receiving the notice of noncompliance.

(2) The division may suspend the certification of a seminar provider if the seminar provider:

(a) fails to comply with this rule; or

(b) fails to complete a plan described in Subsection (1)(b)(ii); or

(c) fails to allow the division access to information or records necessary to determine the seminar provider's compliance with this rule.

(3) The division may revoke certification of a seminar provider if a seminar provider:

(a) provides or allows its authorized instructor to provide a seminar while the seminar provider has had its certification suspended; or

(b) fails to comply with corrective action described in Subsection R523-12-9(3) while under a suspended certification; or

(c) has committed a second violation that constitutes grounds for suspension within 24 months of an initial or subsequent suspension.

KEY: substance abuse, server training, on-premise

Date of Last Change: January 26, 2026

Notice of Continuation: December 1, 2025

Authorizing, and Implemented or Interpreted Law: 26B-5-205; 63G-4-203