PETITION OF:

SECTION 1. Section 34 of chapter 138 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 17, after the word “both” the following sentence:— No establishment licensed under this chapter shall suffer such punishment unless the person who procured the alcoholic beverages has first been charged under section 34A of this chapter.

SECTION 2. Section 34B of chapter 138 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 13, after the word “ninety,” the following:— or a valid photographic, non-duplicate driver’s license issued by the registry or department of motor vehicles of another state,

SECTION 3. Said section 34B of said chapter 138, as so appearing, is hereby further amended by striking, in line 17, the word “a” and inserting in place thereof the following word:— such.

SECTION 4. Chapter 138 of the General Laws is hereby amended by inserting after section 78 the following new section:—
Section 79. (a) The following words as used in this section shall, unless the context otherwise requires, have the following meanings:
“Certification”, attainment of a level of proficiency in standards for servers of alcoholic beverages and licensees as established by the alcoholic beverages control commission, established pursuant to section 43 of chapter 6.
“Licensee”, a common victualler, innholder, keeper of a tavern, club, society, or other entity or organization, including package stores, whether incorporated or unincorporated, authorized to sell or otherwise dispense alcoholic beverages under a grant of license pursuant to this chapter.
“Server of alcoholic beverages”, any bartender, barmaid, waiter, waitress, or other server of alcoholic beverages, who serves or otherwise dispenses alcoholic beverages for sale, and shall include all licensees and managers of licensees, their employees, contractors, or subcontractors, who serve or otherwise dispense alcoholic beverages for sale.
(b) As a condition precedent to the granting of any license under section 12 of this chapter, or renewal thereof, to sell any alcoholic beverages, all licensees and servers of alcoholic beverages, all licensees and servers of alcoholic beverages in their employ, whether as an employee or under a contract or subcontract for hire, shall, as hereinafter provided, attain certification and be certified as a server of alcoholic beverages by the alcoholic beverages control commission, hereinafter referred to as the commission. As a condition precedent to the granting of any license or renewal thereof, any licensee under section 15 of this chapter shall only apply to the manager; or personnel manager of said licensee.
(c) No city, town, or other political subdivision of the Commonwealth may, by ordinance or by-law regulation, impose provisions or requirements for the certification of alcoholic beverage licenses and servers of alcoholic beverages contrary to the provisions of this section.
(d) There shall be an alcoholic beverages service training advisory council, hereinafter referred to as the council. The council shall consist of seven members, one of whom shall be the director of the office of consumer affairs and business regulation, one of whom shall be the Chairman of the Commission and five of whom shall be appointed by the governor for a term of five years, one of whom shall be a designee of Mothers Against Drunk Driving, one of whom shall be a designee of the Massachusetts Restaurant Association, one of whom shall be a designee of Massachusetts Package Store Association, one of whom shall be a designee of the TIPS program, so-called, and one of whom shall be a designee of the Liquor Liability Joint Underwriting Association as defined pursuant to chapter 223 of the acts of 1985. Upon expiration of the term of any member, his successor shall be appointed in like manner for a term of five years.
Members of the council shall serve without compensation but shall be reimbursed for expenses necessarily incurred in performance of their duties.
The council shall establish a curriculum so as to provide meaningful education to all such licensees and servers of alcoholic beverages. Said curriculum shall include, without limitation, on-site training personnel, who shall provide the following: instruction in the pharmacology of alcohol and alcoholic beverages; their various effects upon the human nervous system; the social and civil responsibilities of the profession of the server of alcoholic beverages; the potential alcoholic beverages including, without limitation, the penalties of operating under the influence of intoxicating liquor and the requirements set forth in Sections 24, 24D, 24E, 24G, 24I, 24J, 24K, 24L, 24M and 24N of Chapter 90; the licensing requirements set forth in this chapter and the requirements of law mandated by section 69 of this chapter. The curriculum shall be so established and may be amended from time to time by the council. The commission, with the advice of the council, shall further designate and certify such schools or programs and shall promulgate such rules and requirements so as to insure the effective education and certifications of licensees and servers of alcoholic beverages required hereunder. Such rules and regulations so promulgated shall provide for the renewal of certification of all servers of alcoholic beverages and licensees at intervals not exceeding three years from each previous certification.
(e) All licensees, except as herein provided, shall, as a condition precedent to licensure, and all servers of alcoholic beverages shall, as a condition precedent to employment, contract, or subcontract for hire as a server of alcoholic beverages, be required to be certified. No licensee shall employ, engage, or contract with any person to sell or otherwise dispense any alcoholic beverages unless such person is certified.
(f) Any licensee or server of alcoholic beverages who violates this section shall, after notice to such licensee or server of alcoholic beverages and reasonable opportunity for him to be heard by the local licensing authority as defined in section 1 of this chapter shall have his certification revoked for no less than six months and no more than one year or, in the case of such licensee or server of alcoholic beverages who may not be certified, shall have his certification withheld for a period of not less than six months nor more than one year. Any licensee or server of alcoholic beverages aggrieved by the action of the local licensing authority in revoking or withholding certification may appeal therefrom to the commission within five days following notice of such action or following the expiration of such period, upon petition in writing setting forth all of the material facts in the case. The commission shall hold a hearing on such appeal requiring due notice to be given to the appellant and local licensing authority, and shall afford reasonable opportunity to be heard. The decision of the commission shall be made not later than thirty days after the completion of the hearing in the same manner as provided by section 67 of this chapter with respect to appeals to the commission.
(g) All licensees so certified pursuant to the provisions of this section shall be eligible for liquor legal liability insurance premium credits as may be authorized by the commissioner of insurance and provided by the joint underwriting association.
(h) Any licensee, except those licensed under section 15 of this chapter, who is finally determined by the local licensing authority to be in violation of section 34 or section 69 of this chapter shall be required to obtain certification as a condition of continued licensure.
(i) Any establishment licensed pursuant to section 15 of this chapter shall be required to have one certified employee on the premises at all times.
(j) Evidence of certification as provided pursuant to the provisions of this section shall be admissible in any civil proceeding.

SECTION 5. Any person licensed pursuant to section 12 or section 15 of Chapter 138 of the General Laws as of the effective date of this act shall have two years from the said effective date to attain certification under the provisions of section 4 of this act; provided, however, that any person so licensed pursuant to said section 12 who has been found in violation of section 34 or section 69 of said chapter 138 within two years prior to the effective date of this act shall be required to attain full certification within six months after the effective date of this act.