Current through Register Vol. 63, No. 12, December 1, 2024
(1)
Purpose. ORS 471.344 requires the Commission
to establish a Responsible Vendor Program (program) for retail licensees,
including the positive measures a licensee must take to participate in the
program. The purpose of this rule is to set standards and procedures for
program participation.
(2)
Application Process. To be eligible for the program, a licensee must hold a
liquor license that authorizes the sale of alcoholic beverages at retail. Any
eligible licensee who meets the program standards may participate. To apply for
the program, the licensee must complete and submit a Commission-provided
application form. Commission staff will review the application for
completeness, and will:
(a) Approve a
completed application that clearly indicates the licensee has all program
standards in place; put the application in the licensee's file; and send a
certificate to the licensee acknowledging the licensee as an approved
Responsible Vendor. The Responsible Vendor Program is a self-certifying
program. The approval means only that staff has reviewed the application to
confirm that it is complete and that the licensee states in writing that he/she
has all the program standards in place. The Commission may take administrative
action if it learns that the licensee did not meet all the standards at the
time of application; or
(b) Return
an incomplete application that does not clearly indicate the licensee has all
program standards in place. Staff will include a letter highlighting the
reason/s the application is being returned.
(3) Program Standards. To qualify as a
Responsible Vendor, a licensee must:
(a)
Train each employee in alcohol sales. For training purposes, an employee is any
person whose responsibilities include the sale or service of alcohol. Except
for an on-premises employee who has a valid service permit, each employee must:
(A) Before selling alcohol, read and sign the
Commission-provided off-premises brochure or, at the licensee's discretion,
meet the alternative requirements of OAR
845-009-0130, Training Brochure
Requirement for Off-Premises Sales Employees. Licensees must comply with the
record keeping requirements of
845-009-0130; and
(B) Within three days of beginning to sell
alcohol, receive training that covers at a minimum the topics listed in Section
(4) of this rule. Licensees may train their employees themselves; licensee's
trainings do not require Commission approval. Licensees may also choose to use
any clerk training course approved by the Commission under OAR
845-009-0145, Clerk Training
Courses. Additionally, servers who have not completed a Server Education course
must do so within the time required in
845-009-0100, Service Permittee
Requirements.
(b) Accept
only identification allowed in ORS
471.130.
(c) In an area visible to employees, post the
house policies on alcohol sales and checking identification. The licensee must
have each employee read and sign the house policies which must include at a
minimum:
(A) A list of valid types of
identification which are accepted at the premises;
(B) Directions for properly checking
identification, including the requirement to check anyone who appears to be
under the age of 26 years. A licensee may have a house policy to check
customers who appear to be older than 26 years; and
(C) Consequences for selling alcohol to a
minor.
(d) Permanently
post signs reminding patrons and employees of the legal requirements for
selling alcohol. The signs must include:
(A) A
list of valid types of identification which are accepted at the
premises;
(B) A notice that anyone
who appears to be under the age of 26 years must show valid identification. A
licensee may post that their house policy is to check customers who appear to
be older than 26 years.
(e) At a minimum, provide four employee
trainings spaced at regular intervals within each 12-month period. The licensee
must ensure that employees attend the trainings. The licensee must keep a
record of each training which includes the date of the training, names of the
employees who participated, and a summary of the training. The licensee must
produce these training records for inspection by any Commission employee within
five business days, excluding weekends and holidays. Examples of training
include computer based training, video training, classroom instruction, and
meetings. The training may be done individually or in a group. At a minimum,
each training must cover the topics listed in Section (4) of this
rule.
(f) Have no prior Category I
or II violation within the last five years for the licensee
personally.
(g) Have no aggravating
circumstances surrounding a violation for failing to verify the age of a minor
or selling alcohol to a minor. For purposes of this rule, aggravating
circumstances do not include licensee's personal involvement in the violation.
Aggravating circumstances include, but are not limited to, an intentional sale
to a minor; multiple employees or patrons involved in the violation; the
violation results in death or personal injury; the sale was made to a person
under age 18 who appeared to be under the age of 21 when the sale was
made.
(4) Topics to be
Covered in Responsible Vendor Training. All training required by this rule must
include at a minimum the following topics:
(a) Guidelines for recognizing minors and
visibly intoxicated persons;
(b)
Legal forms of identification for purchasing alcohol;
(c) How to properly check identification, and
how to recognize false or altered identification;
(d) The requirement that anyone who appears
to be under the age of 26 years must show valid identification. If the
licensee's house policy requires that they check customers who appear to be
older than 26 years, the licensee must include that information;
(e) Recommended approaches for refusing sales
of alcohol to minors or visibly intoxicated persons;
(f) A review of the consequences for selling
to minors, and the importance of not selling alcohol to minors or visibly
intoxicated persons; and
(g) A
review of house policies on alcohol sales. Each licensee must ensure that
his/her employees receive training that covers the licensee's own house
policies.
(5)
Maintenance of Responsible Vendor Status. To retain Responsible Vendor
certification, a licensee must:
(a) Continue
to meet all of the qualifying standards listed in Section (3) of this rule;
and
(b) Require an Off-Premises
Sales employee who sold alcohol to a minor or failed to properly verify
identification to complete a clerk training course as required by OAR
845-009-0145, Clerk Training
Courses; require an on-premises employee who sold alcohol to a minor or failed
to properly verify identification to complete a training course that covers all
the topics listed in Section (4) of this rule or a Commission-approved Alcohol
Server Education course within 45 days of official Commission notification of
the violation.
(6)
Sanctions. If the licensee's employee sells to a minor and the licensee is a
certified Responsible Vendor who has all program standards in place, the
Commission will not cancel the license of the licensee, or deny issuance of a
license to the person who holds the retail license. The licensee will be
eligible for reduced sanctions based on OAR
845-006-0500, Suspensions and
Civil Penalties.
(7) Licensee
Removal from Program and Reinstatement. The licensee is removed from the
program in the following circumstances:
(a)
For a sale to a minor or failure to properly verify identification by a
licensee or employee, if the licensee did not have all of the Responsible
Vendor standards, except for the posting requirements in subsection (3)(c) and
(3)(d), in place at the time of the violation. The licensee may reapply for the
program one year after the violation is ratified.
(b) For a sale to a minor or failure to
properly verify identification by a licensee or employee, if aggravating
circumstances (as referenced in subsection (3)(g)) are present. The licensee
may reapply for the program in one year.
(c) For a second sale to a minor or failure
to properly verify identification by a licensee personally within a two year
period. The licensee may reapply for the program in one year.
(d) For a Category I or II violation by the
licensee personally. The licensee may not reapply for the program. For a
Category I or II violation by an employee, the licensee is removed from the
program, but may reapply for the program in one year.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.344
& 471.730(1) & (5)
Stats. Implemented: ORS
471.344
