Current through Register Vol. 63, No. 9, September 1, 2024
(1) Purpose. The
Commission is charged with regulating the sale of alcoholic beverages in a
manner that protects the safety and welfare of citizens and ensures that
alcoholic beverages are used legally. One way the Commission accomplishes this
goal is to require that each employee of an Off-Premises Sales licensee receive
training about liquor laws and the consequences of violating those laws. This
training requirement is described below.
(2) Training Requirement. Before allowing an
employee to sell alcoholic beverages for off-premises consumption, the
Off-Premises Sales licensee must do one of the following:
(a) If the employee will sell alcohol in
factory-sealed containers for off-premises consumption, but will not dispense
alcohol into securely covered containers provided by the consumer for
off-premises consumption, the licensee must:
(A) Provide the employee with training that
satisfies the requirements of the Commission-approved training option described
in subsection (3)(a) of this rule;
(B) Provide the employee with training that
satisfies the requirements of the licensee-provided training option described
in subsection (3)(b) of this rule; or
(C) Verify that the employee has satisfied
the requirements of the service permit training option described in subsection
(3)(c) of this rule.
(b)
If the employee will sell alcohol in factory-sealed containers for off-premises
consumption and may also dispense alcohol into securely covered containers
provided by the consumer for off-premises consumption, the licensee must:
(A) Verify that the employee has a valid
service permit; or
(B) Verify that
the employee has submitted a valid service permit application.
(c) If the employee will only
dispense alcohol into securely covered containers provided by the consumer for
off-premises consumption, the licensee must:
(A) Verify that the employee has a valid
service permit; or
(B) Verify that
the employee has submitted a valid service permit application.
(3) Training Options.
The selected training option must meet the following requirements:
(a) Commission-Approved Training Option. The
licensee must verify that the employee has satisfactorily completed a
Commission-approved alcohol server education course at the licensee's or
employee's expense, or, upon request, the Commission will provide the licensee
with complementary training materials that satisfy the training requirement
(e.g., a printed training brochure or a training video) and the licensee must
ensure that the employee reads or views these materials.
(b) Licensee-Provided Training Option. In
lieu of the Commission-approved training option, the licensee may develop and
present its own training program. At minimum, the program must clearly
communicate the information contained in the Commission-approved training
option materials, which include: Why it is important to avoid selling alcohol
to minors and visibly intoxicated persons; How to recognize minors and visibly
intoxicated persons; How to check identification; and How to refuse to sell
alcohol to minors or visibly intoxicated persons.
(c) Service Permit Training Option. In lieu
of the Commission-approved training option and the licensee-provided training
option, the licensee may verify that the employee has a valid service permit.
(An indorsed application does not satisfy the requirements of this training
option.)
(4) Training
Records. For each training option, the licensee must retain the following
training records and make these records immediately available for inspection
upon request by a Commission employee:
(a)
Commission-Approved Training Option. If the licensee selected the
Commission-approved training option, the licensee must retain a written record
of the date and type of training that the employee completed for the duration
of his or her employment.
(b)
Licensee-Provided Training Option. If the licensee selected the
licensee-provided training option, the licensee must retain a written record of
the date and type of training that the employee completed for the duration of
his or her employment.
(c) Service
Permit Training Option. If the licensee selected the service permit training
option, the licensee must retain a copy of the employee's valid service permit
or a written record of the information printed on that card for the duration of
his or her employment.
(d) Employee
List. If the original records described in subsections (4)(a), (4)(b) or (4)(c)
of this rule are not maintained on the licensed premises, the licensee must
maintain a current list of employees on the licensed premises and this list
must include the following information: The name of each employee who sells
alcoholic beverages for off-premises consumption; The training option selected
for each employee; The date the training option was completed; and the date the
employee began selling alcoholic beverages.
(5) Violation of this rule is a Category IV
violation.
Statutory/Other Authority: ORS 471,
471.030,
471.040 &
471.730(1)
Statutes/Other Implemented: ORS
471.730(1)
