(a) Application. An application for an original or
renewal primary in-house seller server school certificate must be
completed and submitted on forms provided by the commission.
(b) An applicant for a primary in-house seller server
school certificate must satisfy the requirements of paragraph (1)
or (2) of this subsection.
(1) Be the current holder of a retail permit or license
issued by the commission and employ a minimum of 150 individuals.
The duties of the permit or license holder's employees must include
the preparation, sale, service, or delivery of alcoholic beverages
to ultimate consumers.
(2) Be a hotel management or holding company that owns
or operates a minimum of five hotels which employ a minimum of 200
individuals whose duties include preparation, sale, service, or delivery
of alcoholic beverages to ultimate consumers. The primary in-house
seller server school must be managed and controlled by the hotel management
or holding company and not the owned or managed hotels.
(c) Disclosure of Owners, Officers, Directors, Managers,
and Instructors.
(1) An applicant whose owners, officers, directors,
and managers are an exact match to those previously provided to the
commission in connection with a license or permit currently held by
the applicant is exempt from the requirements of paragraphs (2), (3)
and (4) of this subsection. However, the applicant must identify the
license or permit application where the information requested in those
paragraphs can be found.
(2) The applicant for an original certificate or change
of ownership for an in-house seller server school must disclose all
individual owners, individuals and legal entities having an ownership
interest, and all officers, directors, managers, and instructors.
(3) A legal entity must provide the formation and registration
documents and must be authorized to transact business in this state.
(4) A personal history sheet must be completed and
submitted with the application for each individual who is an owner
or holds an ownership interest in a legal entity, and each partner,
officer, director, manager, and trainer if:
(A) the applicant has not previously provided a personal
history sheet for the individual; or
(B) the information previously provided is no longer
true and correct.
(5) An individual required to submit a personal history
sheet must at the same time submit an authorization for a criminal
history background check.
(6) Additional information may be required by the commission
to verify ownership or qualifications of an applicant or individual.
(d) An applicant for a primary in-house seller server
school must designate:
(1) a certified trainer responsible for the oversight,
operation, training, and compliance at the seller server school; and
(2) an individual responsible for the day-to-day management
and operations at the seller server school.
(e) The applicant must sign and verify that:
(1) the applicant has authority to act on behalf of
all owners;
(2) the applicant has personally completed or reviewed
the application and has personal knowledge of and is responsible for
its content;
(3) all parts of the application that apply are complete;
(4) each fact, disclosure, and statement made in the
application is true and correct at the time the application is submitted;
(5) the applicant acknowledges that an application
for a certificate is a government document and is subject to verification
by the commission; and
(6) the applicant acknowledges that providing false
or misleading information or omitting a material fact may result in
the refusal of the application, cancellation of a certificate, or
criminal prosecution.
(f) Incomplete applications or applications submitted
without required fees will neither be accepted for processing nor
returned to the applicant.
(g) An applicant must:
(1) keep an exact copy of the application submitted
to the commission; and
(2) complete and correct any deficiencies within ten
business days after being notified of the deficiency.
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