Current through Register Vol. 63, No. 12, December 1, 2024
(1) Who Needs a Service Permit. ORS
471.360 requires a valid service
permit for any person employed by a licensee who performs the following duties:
(a) Mixes, sells or serves alcoholic
beverages for consumption on licensed premises;
(b) Dispenses malt beverages, wines or cider
into securely covered containers provided by the consumer;
(c) Directly supervises persons described in
subsection (a) of this rule; or
(d)
The individual principals of a licensed legal entity who perform the duties
described in subsections (a), (b) or (c) of this rule.
(2) Exceptions. The following persons are not
required to have a valid service permit:
(a)
An individual named on the license as a licensee;
(b) ORS
471.360(2)
allows the Commission to waive the service permit requirement if the licensee's
primary business is not the sale or service of alcoholic beverages or food.
Under this authority, the Commission waives the service permit requirement for:
(A) Public Passenger Carriers whose primary
business is transportation (for example airlines and most trains), but it does
not waive the requirement for Public Passenger Carriers whose primary business
is touring (for example tour boats in Oregon waters more than 30 days per
calendar year and small excursion-type railroads);
(B) The holders of some temporary sales
licenses pursuant to OAR
845-005-0440, including
employees and volunteers serving alcoholic beverages for a nonprofit or
charitable organization with a temporary sales license; and
(C) Licensees serving or providing alcoholic
beverages for on-premises consumption at a location that does not have a
Commission-issued liquor license and the activity does not require a
Commission-issued liquor license.
(3) Authority to Mix, Sell or Serve Based on
an Application. ORS 471.375 allows some service
permit applicants to begin mixing, selling or serving alcoholic beverages after
the applicant completes an official service permit application and transmits
the application to the Commission. This authority does not apply to the
following applicants:
(a) Any applicant whose
service permit application was refused or whose service permit was revoked
within three years of the date the Commission received the current
application;
(b) Any applicant
whose service permit application was refused because he or she failed to
complete the required alcohol server education course and/or pass the required
exam. To mix, serve or sell alcoholic beverages, the applicant must first
complete all server education requirements;
(c) Any applicant whose service permit
application was returned under OAR
845-009-0005 Return of
Applications; or
(d) Any applicant
whose service permit is currently suspended.
Statutory/Other Authority: ORS
471.030,
471.040,
471.190 &
471.730
(1)
Statutes/Other Implemented: ORS
471.190,
471.360,
471.365 (2)
& 471.375
