Bill
HB 5854
Requires on-site server training with supervisory coverage; expands curriculum to include commercial sexual activity and enforcement through sanctions.
Bill number: HB 5854
Title: Amend 1998 PA 58 — Michigan liquor control code of 1998 (amends sec. 906 / MCL 436.1906)
Introduced: June 25, 2024 (Rep. Veronica A. Paiz et al.)
Status (latest): Passed House (Dec. 11, 2024); transmitted and referred to Committee on Government Operations (Dec. 18, 2024); later referred to Joint Committee on Education (Jan. 22, 2025).
Purpose
- To revise and clarify requirements for server training programs and the "responsible vendor" designation under the Michigan Liquor Control Code, and to update the training curriculum to address modern prohibited activities (including the term “commercial sexual activity”).
Key provisions
- Definitions: Confirms terms used in section 906 — e.g., “administrator,” “instructor,” “prohibited sale,” “responsible vendor,” and “server training program.”
- Commission responsibilities:
- Require the Michigan Liquor Control Commission to approve establishment of server training programs and curricula.
- Establish a program to designate qualifying retail licensees (except special licenses) as “responsible vendors.”
- Allow the commission to adopt private standards and delegate nondiscretionary administrative functions to private entities.
- Administrator / instructor certification:
- Authorizes persons (companies, postsecondary institutions, trade associations) to qualify as administrators offering approved programs.
- Requires instructor certification and issuance of identification cards for certified instructors.
- Training requirements:
- New on‑premises licensees (or transferees of >50% interest after the mandatory program starts) and licensees identified by the commission as needing training must ensure supervisory personnel on each shift have completed approved server training.
- Licensees must make training available to all full- and part-time employees within 60 days of hire.
- Licensees must maintain proof of training or responsible vendor designation on premises to facilitate verification.
- Curriculum content:
- Lists required topics, including intoxication recognition, alcohol content, identification validation, legal responsibilities, and identification of prohibited activities — specifically enumerating signs of gambling, solicitation for prostitution, commercial sexual activity, and drug sales.
- Recordkeeping and oversight:
- As a condition of responsible vendor designation, licensees must provide employee records to administrators in specified increments.
- Violation of training or supervision requirements can result in sanctions, suspension, or revocation under section 903.
Who is affected
- Retail on‑premises liquor licensees (bars, restaurants, tasting rooms), their owners and supervisory staff.
- Employees who serve or supervise service of alcoholic liquor.
- Entities and individuals seeking to become certified administrators or instructors.
- The Michigan Liquor Control Commission (administrative duties and enforcement).
Procedural notes / context
- HB 5854 was one of several related bills in the House package addressing language and laws around prostitution/commercial sexual activity; this bill specifically integrates the (newer) term “commercial sexual activity” into liquor server training requirements.
- Passed the Michigan House on Dec. 11, 2024 (immediate effect). Subsequent committee referrals in the Senate and to a joint education committee for further review.
Potential impact
- Strengthens mandatory training and supervisory presence requirements, increasing compliance and recordkeeping duties for on‑premises licensees.
- Expands server training curriculum to include recognition of commercial sexual activity, potentially aiding licensees and staff in identifying and preventing prohibited conduct on licensed premises.
- Gives the commission authority to leverage private program standards and to sanction licensees failing to meet training or supervision obligations.
Compiled from official sources — confirm details with the bill’s official record.
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