ABLE Commission Q&A Q&A Regarding Licensing and Application

Transcription

1 ABLE Cmmissin Q&A Q&A Regarding Licensing and Applicatin When can the interim licenses applicatins be submitted? They can be submitted between nw and September 30, 2018, hwever; the Able Cmmissin wuld like fr mst f them t cme in as early as pssible in rder t handle their wrk lad apprpriately and keep the applicatin apprval time frm increasing t much. Hw lng is the licenses apprval prcess? The licenses apprval prcess is currently days. If the majrity f the retailers wait until clser t Octber 1, 2018 the apprval prcess culd g t as far ut as 90+ days. What is the purpse f the interim license if it is nt effective until Octber 1, 2018? The interim license will allw the retailer time t start purchasing and string prduct t be ready fr the Octber 1, 2018 sell date. It will als allw fr the retailer t have a shrter license applicatin apprval prcess. When will the interim license becme a permanent license? The interim license will becme a permanent license n Octber 1, Is the interim license pr-rated? The interim license is nt pr-rated. If the retailer license is purchased in March f 2018 it will becme effective as a permanent license n Octber 1, 2018 and be up fr renewal in March f This was put int place via legislatin and is nt a rule set by the Able Cmmissin. What are the details f the legal ntice that must be psted in the paper? The Ntice f Intentin t Apply fr an Alchlic Beverage License must be published twice, nce every eight days fr tw successive weeks and the riginal ad must be sent in with the license applicatin per the instructins n page 17 f the applicatin. Hw detailed des the lcatin diagram that is requested n page 16 f the applicatin have t be? A stick drawing f the building with minimal detail is permissible. The Able Cmmissin simply needs enugh infrmatin t walk int a building and knw which space is licensed and which space is nt. Rm details such as dimensins are nt required. They request that the retailer nt send blueprints. If yu perate a drive thru windw, please include that windw n yur diagram. Des an applicatin have t be submitted fr each individual stre r can ne applicatin be submitted fr all stres? One licensing applicatin can be submitted fr all stres. The retailer des nt have t submit separate applicatins. Des the $750 beer applicatin fee and the $1,250 wine applicatin fee include the admin fee? Yes, all fees are included in the applicatin fee. There is n separate admin fee. If a retailer is currently selling lw-pint beer can they use their current license t cntinue t sell that prduct withut btaining a new license? N, a retailer cannt cntinue t sell any lw-pint beer with their current license after Octber 1, They will need t have a new license t cntinue t sell alchl and purchase alchl frm the distributrs. The distributrs will n lnger sell t the retailer if they d nt shw a new license. Des the retailer have t prvide the entire deed with their applicatin? N, a cpy f the frnt page f the deed will be sufficient in the applicatin prcess.

2 Hw d retailers that have wned stres fr many years get the Able Cmmissin prper cst f riginal sale data? Existing stres that have been in business fr a lng perid f time can write current business fr x years n the applicatin and attach their financial statements and nte that the riginal sales data is nt available due t the length f time in business. The riginal sales data is needed mre fr new stres than fr existing stres. The Able Cmmissin needs this infrmatin t find ut where a new stre wner btained the funding fr the stre and catch any fraudulent activity taking place. What if there is missing infrmatin n the applicatin? Will it nt be prcessed? If there is any infrmatin missing n the applicatin the Able Cmmissin will send the retailer a letter requesting the infrmatin. The agents frm the Able Cmmissin stated that the Able Cmmissin Directr is very pr-business and will be flexible in wrking with the retailers in this new prcess. Will it be better fr the retailers t submit the applicatins t the Able Cmmissin at ne time fr all stres r t send the licensing in staggered fr their stres? The Able Cmmissin prefers that the retailers license all their stres at ne time and d s early. They are wrried if the applicatins are received staggered r t clse t the Octber 1, 2018 start date that the applicatin apprval times will begin t be very lng. Is there ne license fr beer and wine r d they have t have separate applicatins? If the retailer plans n selling beer and wine they must submit separate applicatins fr each. Are there different licensing requirements fr different types f business entities? Yes, there are different licensing requirements fr different types f business entities. If the cmpany is an LLC d the managers have t have licensing under the crprate licensing applicatin? N, they d nt. Under the LLC licensing the managers have t have managers licensing but d nt have t be submitted with r under the crprate applicatin. If a cmpany is emplyee wned des the business applicatin need t include all f the emplyee s infrmatin with the applicatin? N, it des nt. The emplyee is nly cnsidered a stckhlder if they have 15% r mre wnership in the cmpany. If the emplyee has mre than 15% wnership they will have t be included in the crprate applicatin. Why des the crprate applicatin ask abut persnal infrmatin? The Able Cmmissin is requesting persnal infrmatin n the license in the effrts t better address felny issues. Q&A Regarding Emplyee Licensing Hw lng is the emplyee license gd fr and what is the cst? The emplyee license is gd fr tw years and the cst is $ Des the emplyee license belng t the emplyee r t the retailer? The emplyee license belngs t the emplyee. If the emplyee is terminated r leaves emplyment they will take their license with them. Where des the mney cllected frm the Able Cmmissin fr the emplyee licenses g? All funds received fr emplyee licenses ges tward the State s general revenue. The funds d nt g t the Able Cmmissin.

3 Hw ld des the emplyee have t be t sell alchl? Currently, the emplyee must be 18 years f age r lder t cmplete the sales transactin. An emplyee that is 16 years f age r lder is allwed t scan the prduct but an emplyee that is 18 years f age r lder must cmplete the transactin. The age requirement is still in legislatin and may change befre Octber 1, Hw des the emplyee btain their license? The emplyee must btain a temprary license thrugh the Able Cmmissin. The temprary license will allw the emplyee t start selling alchl upn the hire date until required liqur license training is cmpleted. When an emplyee applies fr a license des it get sent t the emplyee r the emplyer? The license can be printed nline by the emplyee r can be mailed t whmever the emplyee requests n the applicatin. The license des nt have t be sent t the emplyer. Where des the emplyee have t keep the license? The emplyee license must be n premises when the emplyee is wrking. The Able Cmmissin recmmends the emplyer t make cpies f all emplyee licenses and keep them in a binder n premises. If the Able Cmmissin visits a retailer that has an emplyee wrking withut a license n premises they will be fined. Can the emplyer keep cpies f the emplyee licenses n a crprate cmputer system? At this time the Able Cmmissin will nt accept nline crprate recrds as the license being n premises. They will lk int the pssibility f the emplyee having a digital picture f their license n their cell phne but this ptin is nt yet apprved. The Able Cmmissin stated that any digital crprate ptin wuld have t be taken care f thrugh legislatin. D all emplyees have t btain a license? Any emplyee n the flr that will be invlved in the sale f the merchandise must have a license. Any emplyee, such as stckers, d nt have t hld a license since they are nt invlved in the sale f merchandise. Q&A Regarding Emplyee Training Can the retailer be cnsidered a certified trainer fr their emplyees? Yes, the retailer can set up a crprate training prgram that is apprved fr their emplyees. Each emplyee that is ging t be training must get the prper trainers license t teach the prgram and be n file as a certified trainer with the Able Cmmissin. Hw lng des the emplyee have t cmplete the certified training? The emplyee will have 30 days after btaining their temprary license t cmplete the certified training. The emplyee must cmplete training and can print the permanent license nline nce the training is cmpleted. If the emplyee training is nt cmpleted within the 30 day temprary license perid they will have t reapply fr a new license. There is currently a legislative bill ut that, if passed, will allw the temprary license t be gd fr 60 days instead f 30 days. Is there currently a training prgram set up thrugh the Able Cmmissin? N, there is nt currently a training prgram set up thrugh the Able Cmmissin. The Able Cmmissin des nt have the funding t hst any type f training. The legislatin has nt finalized all f the details f the certified training.

4 D current emplyees wh already hld a license have t g thrugh training? N. If a current emplyee r a newly hired emplyee btain a license befre Octber 1, 2018 they d nt have t g thrugh the certified training prgram. Any emplyee wh btains their license after Octber 1, 2018 will have t g thrugh the certified training. If an emplyee btained their license and did nt have t cmplete the certified training will they have t cmplete the training in the future? As lng as the emplyee des nt allw their license t expire they will nt have t cmplete training. If the emplyee allws the license t expire and they have t g thrugh the applicatin prcess they will have the cmplete the certified training. Hw lng des it take t becme a certified trainer? Currently the law states that it takes 120 days t becme a certified trainer, hwever; the final timeframe is still being finalized thrugh legislatin. Q&A Regarding General Questins What is the best way t ensure emplyees are fllwing the new laws and licensing requirements? Retailers shuld place additinal plicies and prcedures in their emplyee handbks. What happens if the retailer remdels a stre after the riginal lcatin diagram is submitted in the applicatin prcess? If the remdel f the stre changes lcatin f the licensed and nn-licensed areas a new diagram will need t be submitted t the Able Cmmissin. The retailer des nt need t send in a new diagram fr mvement f merchandise frm ne licensed lcatin t anther within the stre. Will there be requirements t sectin the alchl ff t ne part f the stre r require special signage? The retailer des nt have t sectin alchl ff t any particular area and des nt have t have any special signage fr alchl sales. Will lw-pint beer still be sld in stres? All beer, including lw-pint beer will still be sld in stres. There will n lnger be terminlgy used fr lw-pint beer. It will all be cnsidered beer. The alchl cntent f the beer will be determined by the manufacturer and up t their discretin if they wuld like t manufacture higher pint beer r nt. Des the retailer have t sell alchl frm all checkut stands? N, the retailer can have a designated checkut line fr alchl as sme d fr tbacc if they chse t. Sme retailers may prefer this if they nly have ne r tw emplyees staffed that are 18 years f age r lder. What is the Able Cmmissins biggest cncern in this transitin? The Able Cmmissin is wrried that many retailers will nt be infrmed n the new licensing and will nt get their new license applicatin sent in in time t sell n Octber 1, They will nt be able t sell any alchl at that pint if the deadline is missed until they btain the new license.

5 Why was the Able Cmmissin placed in charge f the retail alchl licensing? The Able Cmmissin was legislatively placed in charge f retail alchl licensing because under the new law beer and wine sld in retail stres will nw be cnsidered a cntrlled substance. What is the limits n the strength f alchl a retailer can sell? The current alchl cntent limits are 8.99 fr beer and fr wine. Can the manufacture buy prduct back frm the retailer? The new law states that the manufacture cannt buy prduct back frm the retailer unless the prduct is defective in sme way. Can inventry be sld frm ne retailer t anther? If a retail stre purchases any alchl frm anther retail stre they must d the sales transactin thrugh the Able Cmmissin. Can a grcery stre r cnvenience stre wner purchase a liqur stre? A retailer wh wned a grcery stre r a cnvenience stre cannt wn a liqur stre next dr t their business. They can hwever wn a liqur stre in a separate lcatin.