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<br />, <br /> <br />.-"~ <br /> <br />~) <br /> <br />(g) Effect of responsible business practices in determining penalty. In determining the <br />appropriate penalty, the council may, in its discretion, consider evidence sllbmitted to it <br />in the case of uncontested adverse actions or submitted to a hearing examiner in a <br />contested hearing upon which tindings of fact have been made that a licensee has <br />followed or is likely to follow in the future responsible business practices in regard to <br />sales to intoxicated persons and sales to minors. <br /> <br />(I) For the purposes of service to intoxicated persons, evidence of responsible business <br />practices may include, but is not limited to, those policies, procedures and actions that are <br />implemented at time of service and that: <br /> <br />a. Encourage persons not to become intoxicated if they consume alcoholic beverages on <br />the defendant's premises; <br /> <br />b. Promote availability of nonalcoholic beverages and food; <br /> <br />c. Promote safe transportation altematives other than driving while intoxicated; <br /> <br />d. Prohibit employees and agents of defendant from consuming alcoholic beverages while <br />acting in their capacity as employees or agents; <br /> <br />e. Establish promotions and marketing etforts that publicize responsible business <br />practices to the defendant's customers and community; <br /> <br />f. Implement comprehensive training procedures; <br /> <br />g. Maintain an adequate, trained number of employees and agents for the type and size of <br />defendant's bnsiness; <br /> <br />h. Establish a standardized method for hiring qualified employees; <br />i. Reprimand employees who violate employer policies and procedures; and <br /> <br />j. Show that the licensee has enrolled in recognized courses providing training to self and <br />one (1) or more employees of the licensed establishment in regard to standards for <br />responsible liquor service. <br /> <br />(2) For the purposes of service to minors, evidence of responsible business practices may <br />include, but is not limited to, those listed in subsection (l) and the following: <br /> <br />a. Management policies that are implemented at the time of service and that ensure the <br />examination of proof of identification (as established by state law) for all persons seeking <br />service of alcoholic beverages who may reasonably be suspected to be minors; <br /> <br />b. Comprehensive training of employees who are responsible for such examination <br />regarding the detection oHalse or altered identitication; and <br /> <br />c. Em'ollment by the licensee in recognized courses providing training to selfand one (I) <br />or more employees of the licensed establishment in regard to stm1dards for responsible <br />liquor service. <br />