SB1032 Summary

• Licensed establishments can assert an affirmative defense against violations for employee actions (selling/serving alcohol to minors, intoxicated persons, or mentally deficient individuals) if they maintain valid employee licenses, require seller-server training certificates within 14 days of hire and every 2 years thereafter, adopt written prohibition policies, and obtain written employee acknowledgment of those policies.

• Establishments asserting the affirmative defense must provide the ABLE Commission with an affidavit within 10 days of receiving a violation notice, including copies of the employee's valid license, training certificate, and signed policy acknowledgment.

• Employee actions become attributable to the licensed establishment if the employee lacks a currently valid ABLE Commission license.

• A rebuttable presumption that a licensed establishment indirectly encouraged violations is created when proof shows an employee committed the same type of offense three or more times within a 12-month period, requiring final orders from two previous violations plus a prima facie case for a third violation.

• The burden of persuasion shifts to the licensed establishment to disprove indirect encouragement of violations if the ABLE Commission establishes a prima facie case at a hearing.

• The act becomes effective November 1, 2025.