Section 3500.101  Programs Subject to Licensure

 

Programs designed to educate or train individuals who sell or serve alcoholic beverages at retail pursuant to Section 15-10(f) of the Illinois Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/15-10(f)].

 

Section 3500.105  Purpose of BASSET

 

The purpose of a BASSET program is:

 

a)         to provide information to sellers and servers of alcoholic beverages about the effects of alcohol and drug use and abuse; and

 

b)         to provide the necessary skill development techniques to identify and/or intervene with patron use problems thereby reducing the incidence of patron misuse.

Section 3500.110  License Applications

 

a)         Application forms may be obtained by writing to the Illinois Liquor Control Commission at 100 W. Randolph St., Suite 5-300, Chicago IL 60601 or at 101 W. Jefferson St., Springfield IL 62702 .

 

b)         Application forms shall be signed and dated.

 

(Source:  Amended at 28 Ill. Reg. 17396, effective November 10, 2003)

 

Section 3500.115  Renewal Applications

 

a)         The Illinois Liquor Control Commission ("Commission") shall provide each licensed program with a renewal application at least 60 calendar days prior to expiration of the licenses. Notification to the Commission must be given if license renewal forms are not received.

 

b)         Applications for renewal must be received by the Commission not less than 30 days prior to expiration of the license, in order to guarantee that the renewal process is complete prior to expiration.

 

c)         Applications for renewal shall be signed and dated.

 

Section 3500.120  License Fees

 

a)         Application fees shall be due on application for each license. Application fees are not refundable.  Payment shall be made by check or money order made payable to the Illinois Liquor Control Commission. Payment shall not be in the form of U.S. currency, foreign currency, or stamps. A separate check or money order shall be submitted for each application.

 

b)         The fee for application for a license is $250 per year.

 

(Source:  Amended at 24 Ill. Reg. 1630, effective January 14, 2000)

 

Section 3500.125  Period of Licensure

 

Each license issued by the Commission shall be effective for a period of one year.

 

(Source:  Amended at 24 Ill. Reg. 1630, effective January 14, 2000)

 

Section 3500.130  Acceptance for Processing

 

a)         Applications for licensure, or renewal of licensure, are deemed received by the Commission on the postmarked date.

 

b)         Incomplete applications shall be returned to the applicant with a statement which lists the information which must be included.  To avoid imposition of a new licensure fee, the application shall be resubmitted within 90 days after the date of the statement.

 

Section 3500.135  Non-Transferability of License

 

A license shall be valid only for the program named in the application for licensure.  A license is not transferable or assignable to any new owner.

 

Section 3500.140  Change in BASSET Program Director or Services

 

All programs shall notify the Commission, in writing, within five working days when there is a new program director or any change in services.

 

Section 3500.145  Exceptions for BASSET Programs

 

a)         Requests for exceptions to any provision of this Part shall be made in writing to the Executive Director and shall indicate the basis, rationale, and/or need for the exception.

 

b)         The Executive Director shall grant an exception if:

 

1)         An applicant proves an economic hardship that limits his/her ability to participate in the program; or

 

2)         An applicant establishes that he/she is unable to meet a program requirement.

 

c)         Any exception granted shall expire automatically at the end of the license period in which it was granted.

 

d)         The Commission shall revoke any exception granted where the circumstances which give rise to the exception no longer exist. The program shall notify the Commission in writing within ten calendar days when the circumstances which gave rise to the exception no longer exist.

 

Section 3500.150  Compliance With Local Government Ordinances

 

Programs shall comply with any applicable local government ordinances relative to the provision of BASSET services, if applicable, and shall indicate such compliance at the time of application for licensure.

 

Section 3500.155  BASSET Curriculum Requirements

 

The program shall submit its curriculum to the Commission for review at the time of application for licensure.  The curriculum shall include, at a minimum, information in the following areas of instruction:

 

a)         AREA 1: PHYSICAL PROPERTIES OF ALCOHOL, DRUGS & ALCOHOLISM – Blood alcohol concentration (BAC), alcoholism, the effects of alcohol and/or drugs on driving performance.  BAC levels related to body weight, gender and amount of alcohol consumed per hour.

 

b)         AREA 2: PREVENTION & INTERVENTION TECHNIQUES – Maintenance of professional demeanor, use of alternative beverages, designated driver programs, visual and behavioral cues that may help participants recognize potential problems, assuring customer safety, refusal of service.

 

c)         AREA 3: ILLINOIS STATE STATUES, LOCAL ORDINANCES, ILLINOIS DUI LAWS – Laws pertaining to the sale of alcohol and the differences between civil and criminal charges and the penalties each carries, Illinois DUI laws and associated penalties.

 

d)         AREA 4: PROPER IDENTIFICATION TECHNIQUES, POLICE POLICIES & EXPECTATIONS – Secretary of State's procedures to ensure security of driver's licenses and State ID cards, other acceptable forms of identification and enhanced identification techniques.  Proper use of municipal support services (police, fire, and paramedic services).

 

e)         AREA 5: DRAM SHOP LIABILITIES, INSURANCE, AND VICTIM'S RIGHTS – "Vicarious liability", "third party liability", procedures for protection against possible litigation, State insurance requirements and legal terms used in litigation.

 

Section 3500.160  BASSET Programmatic Requirements

 

a)         The BASSET program shall include a minimum of three hours of classroom instruction for off-premises sellers and four hours for on-premises sellers and servers.  This instruction may be offered in one entire session or scheduled in increments over a specified period of time.  The program time can be adjusted to take into account new, innovative teaching methods if approved by the Commission.

 

b)         At the time of application for licensure, the program must specify how the required curriculum hours will be scheduled.

 

c)         BASSET programs shall design and administer a pre-test and post-test to participants to assess the program's effectiveness and any increase in knowledge in the curriculum areas.  The pre-test and post-test must be submitted for review by the Commission at the time of application for licensure or prior to the provision of services.

 

d)         BASSET programs shall issue a certificate to each participant that it determines has successfully completed the course.

 

e)         BASSET programs shall submit at the time of licensing a listing of all BASSET instructors.

 

f)         Within ten days after the completion of an approved training course, the BASSET licensee shall submit to the Commission a roster.  The roster shall include:  the name, address, telephone number and date of birth of each student who successfully complete the training course and passed the required examination; the name and company of the BASSET trainer that conducted the course; the date each participant successfully completed the course; and whether the course was off-premises instruction only.  The Commission will then issue BASSET cards to those participants who successfully complete the course. Replacement cards will cost $15.  These cards must be carried by the person whose name appears on the card if involved in the selling and/or serving of alcoholic liquor and local ordinance mandates BASSET training.  A BASSET licensee may issue a temporary card to any person who has successfully completed its course. The temporary card shall be valid pending receipt of the card issued by the Commission but for no longer than 30 days after issuance of the temporary card.

 

g)         Within 30 days after notification by the Commission, BASSET programs shall compile and submit, on a format designed by the Commission, a semi-annual report containing the following information:

 

1)         The number of participants trained during the reporting period.

 

2)         The number of BASSET courses scheduled and completed during the reporting period and the location of each course.

 

3)         The total fees charged for BASSET training per course during the reporting period.

 

4)         The number of businesses represented by participants completing BASSET programs and the respective counties of those businesses.

 

h)         BASSET programs shall maintain a record of all participants who successfully complete BASSET training for a minimum of one year.

 

(Source:  Amended at 32 Ill. Reg. 18300, effective November 14, 2008)

 

Section 3500.165  BASSET Program Fee

 

Programs shall submit, at the time of application or renewal of licensure, a fee schedule indicating the cost, if any, of the BASSET program.  The program must notify the Commission within five calendar days of any change to the fee schedule.

 

Section 3500.170  Sanctions

 

a)         The Commission shall have the right to proceed by citation and notice of hearing to require any licensee to appear before the Commission at a time and place specified in the notice to show cause why its State BASSET license should not be suspended or revoked, or a fine imposed, for violations of this Part.  The parties may also agree to settle matters without an appearance before the Commission.

 

b)         Upon receipt of a complaint or upon having knowledge that a person is engaged as a seller/server trainer without a State BASSET license, the Commission may notify the local liquor authority, file a complaint with the State's Attorney's Office in the county where the incident occurred or where the main business office is located, or initiate an investigation with the appropriate law enforcement officials.  The Commission may also use this information to deny an applicant a BASSET license.

 

(Source:  Amended at 25 Ill. Reg. 13591, effective October 15, 2001)

 

Section 3500.175  Eligibility Requirements

 

No license shall be issued under this Part to any person found to be ineligible under Section 6-2 of the Liquor Control Act of 1934 [235 ILCS 5/6-2].

 

(Source:  Added at 25 Ill. Reg. 13591, effective October 15, 2001)