justicedao/ipfs_state_laws huggingface dataset:
845-015-0193 Terminating an Agency Agreement (1) A retail sales agent may terminate an Agency Agreement with at least 120 days written notice to the Commission. The termination date must be the last day of a calendar month unless otherwise agreed to by the retail sales agent and the Commission. (2) The Commission terminates the Agency Agreement of a retail sales agent who dies or becomes indefinitely unable to operate the retail liquor store, on the last day of the fifth month after the death or disability occurs, unless otherwise agreed to by the Commission. The Commission may appoint a temporary agent to operate the retail liquor store until the Commissioners appoint a new retail sales agent. (3) The Commission may terminate an Agency Agreement for good cause as defined in the Agency Agreement. The Commission may appoint a temporary agent to operate the retail liquor store until it completes the termination procedure. The Commission provides the termination date to the retail sales agent in writing. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0010 LCC 22-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 16-1983, f. 12-27-83, cert. ef. 1-1-84 LCC 5-1981, f. 9-25-81, cert. ef. 1-1-82 LCC 24-1979, f. 10-26-79, cert. ef. 10-29-79, Renumbered from 845-010-0341 LCC 14-1978, f. & cert. ef. 10-26-78
845-015-0196 Appointment of a Temporary Retail Sales Agent or Operation by Commission Staff (1) The Commission may appoint a temporary agent or operate a store temporarily with Commission staff when the Commission determines a retail sales agent is unable to operate a retail liquor store, is suspended, or a retail sales agent agreement is proposed for termination. In these circumstances the Commission considers any candidate for temporary agent nominated by a retail sales agent but may choose someone else. A temporary agent or Commission staff operates a retail liquor store until the Commission determines the current retail sales agent can resume store duties or until a new retail sales agent is appointed and can assume retail liquor store operations. (2) The Commission may also appoint a temporary agent or may operate a store temporarily with Commission staff when a new store has been established and the retail sales agent has not yet been selected or has been selected but is unable to begin operating the store, or in other similar circumstances where the Commission finds it necessary to do so. (3) All of the rules that apply to a retail sales agent apply to a temporary agent except OAR 845-015-0110, 845-015-0120 and 845-015-0125. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 15-2011, f. 12-6-11, cert. ef. 1-1-12 OLCC 2-2003, f. 1-27-03, cert. ef. 2-1-03, Renumbered from 845-015-0030 LCC 16-1986, f. 10-16-86, cert. ef. 1-1-87 LCC 15-1978, f. 11-30-78, cert. ef. 12-1-78, Renumbered from 845-010-0347
845-015-0205 Satellite Liquor Stores (1) Satellite Liquor Stores are non-exclusive retail liquor stores located in smaller communities where there is a fluctuating, seasonal demand for an additional small outlet due to tourism or other similar factors. (2) A Satellite Retail Sales Agent is an agent who currently operates a retail liquor store (the Primary Liquor Store) in proximity to the community where a Satellite Liquor Store is located and who is appointed to operate the Satellite Liquor Store. (3) Factors Considered when Siting Satellite Liquor Stores. The Commission will consider the following factors in determining the locations of Satellite Liquor Stores: (a) Population fluctuations, changes in consumer traffic patterns, and/or increased demand within a community during seasonal or peak periods due to tourism or other similar factors; (b) Distance of the proposed Satellite Liquor Store from existing liquor store(s); (c) Community proximity of the proposed Satellite Liquor Store to the Primary Liquor Store; (d) Sales volume of the Satellite Retail Sales Agent’s Primary Liquor Store; (e) Anticipated ability of the Satellite Liquor Store to accommodate seasonal, fluctuating demand (through operating days/hours, product mix, etc); (f) Size of Satellite Liquor Store, including retail floor space and storage space. A Satellite Liquor Store may carry no more than 70 percent of the products carried in the Primary Liquor Store, as measured by SKUs; (g) The ability of the Satellite Retail Sales Agent to negotiate acceptable terms for the Satellite Liquor Store location. (4) All statutes and administrative rules governing retail sales agents will apply to a Satellite Liquor Store, with the following exceptions: (a) OAR 845-015-0110 (1)(d) Establishment of a Retail Liquor Store; (b) OAR 845-015-0120 Retail Sales Agent Selection Procedure; (c) OAR 845-015-0140 Hours and Days of Operation; (d) OAR 845-015-0190 Resignation Buy-Out Program for Retail Liquor Agents does not apply if a Satellite Liquor Store Agent ceases to operate the Satellite Liquor Store but continues to operate the Primary Liquor Store. However, if the agent resigns from both the Primary Liquor Store and the Satellite Liquor Store, the buy-out shall apply to both stores. (5) The Retail Operations Manual, including any Satellite Liquor Store Appendix, and all other relevant Commission policies will apply to a Satellite Liquor Store unless otherwise provided in the Retail Sales Agent Agreement. (6) Satellite Retail Sales Agents will promptly provide the Commission with any and all data related to the operation of the Satellite Liquor Store as specified in the Retail Sales Agent Agreement and the Retail Operations Manual. Statutory/Other Authority: ORS 471, 471.030, 471.040, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750 History: OLCC 6-2013, f. 8-26-13, cert. ef. 9-1-13
845-015-0210 Pilot Programs (1) The Commission may establish pilot programs of up to three years duration in order to test new marketing concepts or retail sales models or to respond to fluctuations in customer demand for distilled spirits products. As part of a pilot program the Commission may establish pilot liquor stores and may appoint retail sales agents to operate the pilot liquor stores. (2) All statutes and administrative rules governing retail liquor agents will apply to such pilot programs, with the following exceptions: (a) OAR 845-015-0110 Establishment of a Retail Liquor Store; (b) OAR 845-015-0120 Retail Sales Agent Selection Procedure; (c) OAR 845-015-0135 Public Opinion on Retail Liquor Store Location; (d) OAR 845-015-0140 Hours and Days of Operation; (e) OAR 845-015-0190 Resignation Buy-Out Program for Retail Liquor Agents; (f) OAR 845-015-0193(1) & (2) Terminating an Agency Agreement. (3) The Retail Operations Manual, including any Pilot Program Appendix, and other relevant Commission policies will apply to the pilot program, unless otherwise provided in the Pilot Program Agreement. (4) Measuring Success of a Pilot Program. Factors the Commission will consider in measuring the success of a pilot program include but are not limited to: (a) Economic viability of the pilot program’s retail sales model, for both retail sales agents and the Commission; (b) Public safety impacts; (c) Public response to the pilot program, including customer satisfaction and convenience. Statutory/Other Authority: ORS 471, 471.030, 471.730(1) & (5) Statutes/Other Implemented: ORS 471.750(1) History: OLCC 15-2011, f. 12-6-11, cert. ef. 1-1-12
845-016-0001 Purpose ORS 471.542 and 471.547 require the Commission to establish standards for an alcohol education course, certify providers and instructors, and establish fees to cover the administrative cost of the program. These rules set standards and certification procedures to ensure that the Commission certifies qualified providers and instructors who will provide quality education within acceptable business practice. Statutory/Other Authority: ORS 471, including 471.030, 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0005 Definitions As used in OAR chapter 845, division 16: (1) "Advertising" means any form of notice used in recruiting and promotion, however disseminated, such as publications, signs, mailings, radio, television and audiovisual materials. (2) "Authorized Representative" means a person who meets the minimum qualifications in OAR 845-016-0020(1) and makes decisions on behalf of the provider that include hiring instructors, evaluating instructor qualifications and supervising instructor performance or managing online operations. (3) "Case Study" means a teaching method in which the instructor or actor(s) describes, orally or in writing, a situation directly related to the training. The students, instructor or actor(s) demonstrate a possible solution and then the students, instructor or actor(s) describe, demonstrate or discuss the strengths, weaknesses and alternatives to the solution. (4) "Classroom course" or "classroom setting" means an Alcohol Server Education course (either initial or renewal) taught in a classroom setting with an instructor present. (5) "Initial Alcohol Server Education course" or "initial course" means the course required by ORS 471.542 and OAR 845-009-0075. (6) "Online course" means an Alcohol Server Education course (either initial or renewal) accessible via a computer or computer network. (7) "Provider" means a person certified by the Commission to provide a Commission-approved alcohol server education course and includes: an individual, limited partnership, general partner, limited partner whose investment commitment is ten percent or more of the total investment commitment, corporation, director or principal officer as defined in OAR 845-006-0301, stockholder who owns or controls ten percent or more of any class of stock, limited liability company, limited liability company's member or manager, or other bonafide legal entity. The legal entity may not be set up to avoid the fee structure for providers that these rules establish. (8) "Renewal Alcohol Server Education course" or "renewal course" means the course required by ORS 471.542, OAR 845-009-0075, and 845-016-0068. (9) "Role Play" means a teaching method in which the students or actors assume the roles of characters in a situation directly related to the training and then act out responses to the situation the scene presents. Role plays in online courses must meet the course design and technical standards in the Alcohol Server Education Provider Quality Assurance Plan, including the Minimum Course Design and Technical Standards for Online Courses (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin Blvd., Portland, OR). Statutory/Other Authority: ORS 471.030 & 471.730(1) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 16-2017, amend filed 12/29/2017, effective 01/01/2018 OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0010 Provider Certification Process (1) A person who wants to become a provider of Alcohol Server Education Courses must submit: (a) A completed application package provided by the Commission that shows how the applicant meets the standards in OAR 845-016-0015 or 845-016-0016; and (b) A $500 non-refundable application evaluation fee. The Commission accepts a check or money order payable to the Oregon Liquor and Cannabis Commission. (2) If an application is incomplete, the Commission will tell the applicant what is needed. The applicant will have 90 days from the date the Commission received the application to give the required information. If the applicant does not provide the information within the 90 days, the Commission will refuse to process the application. If the applicant provides the information after the 90 day limit, the Commission will require a new application and fee. (3) The Commission evaluates the application to determine if the applicant and proposed course’s meet the standards in OAR 845-016-0015 or 845-016-0016. (4) The Commission sends the applicant written notification of certification approval or denial. If the Commission approves the application, it will issue a Letter of Certification. (5) Initial provider certification is for six calendar months from the certification date. The Commission evaluates the provider's performance before the end of the sixth month. If the provider complies with all course procedures, the Commission extends certification for the next six calendar months, with no additional fee. If the provider does not comply, the Commission may suspend or cancel certification. The Commission gives the provider written notification of its determination to extend, suspend or cancel certification at least 15 days before the end of the sixth month. Statutory/Other Authority: ORS 471, including 471.030, 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 20-2021, minor correction filed 08/02/2021, effective 08/02/2021 OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0015 Alcohol Server Education Provider Standards — Classroom Course To be certified, a provider must: (1) Have a course that meets the Commission's Alcohol Server Education Minimum Curriculum Standards (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR) and that includes: (a) Role-playing, case study exercises and other methods that actively involve students in acquiring behavioral skills in identifying minors and stopping service to visibly intoxicated persons. (b) Regular intervals where students demonstrate comprehension of the material through knowledge or skills before continuing to the next unit. (c) Teaching techniques and methods the provider proposes and the Commission approves. The Commission will approve teaching techniques and methods based on the guidelines in the Alcohol Server Education Provider Quality Assurance Plan, including the Minimum Teaching Techniques and Methods Standards, (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR) and (d) A student workbook that meets the Commission's Minimum Workbook Standards (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR) (2) Meet the minimum qualifications in OAR 845-016-0020(1) or have an authorized representative who meets these minimum qualifications, if the provider is not responsible for hiring, training or evaluating instructor qualifications or performance. The provider applicant must submit a completed Provider Staff Certification form describing the provider applicant or authorized representative’s qualifications, as appropriate. (3) Identify all course instructors and persons who train instructors and verify that they meet the qualifications in OAR 845-016-0020. (4) Submit a completed Provider Staff Certification form and instructor fee for all course instructors as OAR 845-016-0020 requires. (5) Comply with Secretary of State filing requirements for an Oregon business entity, nonprofit corporation, or assumed business name as specified in ORS 60, 62, 63, 65, 67, 70, and 648, if applicable. Statutory/Other Authority: ORS 471, including 471.030, 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 16-2007, f. 8-20-07, cert. ef. 9-1-07 OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1989, f. 5-24-89, cert. ef. 5-29-89 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0016 Alcohol Server Education Provider Standards for Initial Course When Given Online To be certified to present the initial Alcohol Server Education course online, a provider must: (1) Have a course that meets the Commission's Alcohol Server Education Minimum Curriculum Standards (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR). The course approved for the initial online course must include: (a) Role-playing, case study exercises and other methods that actively involve students in acquiring behavioral skills in identifying minors and stopping service to visibly intoxicated persons. (b) Course design and technical standards the provider proposes and the Commission approves. The Commission will approve course design and technical standards based on the guidelines in the Alcohol Server Education Provider Quality Assurance Plan, including the Minimum Course Design and Technical Standards for Online Courses, (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR); and (c) A student workbook that meets the Commission's Minimum Workbook Standards for Online Courses (published September 1, 2007 and available at the Commission's main office at 9079 SE McLoughlin, Portland, OR) (2) Meet the minimum qualifications in OAR 845-016-0020(1) or have an authorized representative who meets these minimum qualifications if the provider is not responsible for hiring, training or evaluating instructor qualifications or performance or managing online operations. The provider applicant must submit a completed Provider Staff Certification form describing the provider applicant or authorized representative’s qualifications, as appropriate. (3) Meet all technical and security standards required by the Commission for transmission of electronic data and information to the Commission. (4) Submit a completed Provider Staff Certification form and appropriate fees as OAR 845-016-0020 requires. (5) Comply with Secretary of State filing requirements for an Oregon business entity, nonprofit corporation, or assumed business name as specified in ORS 60, 62, 63, 65, 67, 70, and 648, if applicable. Statutory/Other Authority: ORS 471, including ORS 471.030; 471.730(1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07
845-016-0030 Student Enrollment, Information to be Provided to Students in Classroom and Online Courses (1) The provider or instructor will give each student: (a) At the time of enrollment, an enrollment agreement that clearly states the obligations of the provider and student, refund policies, and procedures to terminate enrollment; (b) During the course, a statement that says, "If you have questions, or comments or complaints about the course, please call the Commission," and includes the appropriate Commission telephone numbers; and a notice that a student must complete the course in order to take the exam. (2) In addition to the requirements in section (1) of this rule, the provider of an online course will provide to each student who is taking the course online the following information: (a) At the time of enrollment, a statement informing students that there is assistance available to them for questions. (b) At regular intervals throughout the training materials, the provider must repeat the statement about available assistance. (c) Both the initial and repeated statements must direct students to a provider assistant who can answer the student’s questions about course materials. (3) For both classroom and online courses, the provider or instructor will give each student a student workbook no later than at the beginning of the course presentation. If an enrolled student asks for the workbook before then, the provider will make one available to the student. (4) Upon request, the provider or instructor will give the student: (a) The course outline in sufficient detail so students can understand course content, objectives and length; (b) A statement of the total cost of the course and workbook; (c) A schedule of course presentations. (5) The provider who is teaching the course in a classroom setting will have adequate facilities (seating, lighting, heating and restrooms appropriate to an instructional setting), instructional equipment and materials, and personnel to provide a program that meets the Alcohol Server Education Course standards. (6) Violation of this rule is a Category III violation (see OAR 845-016-0080, Sanctions). Statutory/Other Authority: ORS 471, including 471.030, 471.730 (1) & (5) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 3-2007, f. 2-26-07, cert. ef. 9-1-07 OLCC 14-2002, f. 10-25-02 cert. ef. 11-1-02 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86
845-016-0040 Recertification (1) A provider who wants to be recertified must submit a completed recertification application provided by the Commission, a non- refundable $250 recertification evaluation fee and the $100 fee for each instructor who will be teaching in the provider’s program. The instructor fee is refundable only if the Commission denies provider recertification. The Commission accepts a check or money order payable to the Oregon Liquor and Cannabis Commission. (2) Despite section (1) of this rule, the Commission may require only one provider recertification fee to recertify a group of providers if each provides the same program workbook and class curriculum. The Commission will certify each as a provider who will have the same requirements and responsibilities as any other provider. (3) The Commission must receive the application and fee not more than 90 days or less than 30 days before the date the current certification expires. If the provider submits the application or fee less than 30 days before certification expires, the provider must pay a $5 per day late fee or submit the application and fee that OAR 845-016-0010(1) requires for initial certification. The Commission may waive the late fee if the provider does not receive the renewal notice at least 90 days before the current certification expires due to Commission or United States Post Office error. (4) The Commission gives the provider written notification of its decision to approve or deny recertification: (a) If the Commission approves recertification, the recertification is valid for one year from the expiration date of the current certification unless the provider requests a later effective date. If the provider requests a later date, the recertification is valid for one year from the date the provider requested. The Commission will approve any requested date that does not exceed 30 days from the current expiration date. The provider may not provide any alcohol server education courses between the time the current certification expires and the recertification date; (b) If the Commission denies recertification, the Commission will give the reason(s) for the denial, will include information about the applicant’s right to a hearing under the procedure in OAR 845, division 3, and will refund any instructor fee(s) the provider included as a part of the recertification application. Statutory/Other Authority: ORS 471.030, 471.730(1) & (5), 472.030, 472.060(1) & (2)(d) Statutes/Other Implemented: ORS 471.542 & 471.547 History: OLCC 19-2021, minor correction filed 08/02/2021, effective 08/02/2021 OLCC 10-1998, f. 10-27-98, cert. ef. 12-1-98 OLCC 6-1992, f. 6-5-92, cert. ef. 7-1-92 OLCC 4-1991, f. 3-1-91, cert. ef. 4-1-91 OLCC 9-1990, f. 3-27-90, cert. ef. 4-1-90 OLCC 5-1987, f. 2-9-87, ef. 3-1-87 LCC 13-1986(Temp), f. 9-2-86, ef. 9-8-86