reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0141 - Shipment of Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Retail sales agents must follow the Retail Operations Manual when shipping or
			 delivering distilled spirits to a final consumer.
(2) Distillery retail outlet agents must
			 follow the Distillery Retail Outlet Manual when shipping or delivering
			 distilled spirits to a final consumer.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.730(1) & 471.730(5)
Statutes/Other Implemented: ORS
				  471.740, ORS
				  471.750 & E.O.
				  20-07
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0142 - Remote Distiller Shipments to a Retail Sales Agent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Distillery licensee who is located at
			 least 75 miles driving distance from the OLCC warehouse at 9079 SE McLoughlin
			 Blvd, Portland Oregon may, upon prior authorization of the Commission and
			 agreement from a retail sales agent, ship distilled spirits to a Retail Sales
			 Agent appointed pursuant to ORS
			 471.750.
(2) The Commission may, in its discretion,
			 authorize a Distillery licensee to ship distilled alcohol directly to a Retail
			 Sales Agent if:
(a) The Retail Sales Agent is
			 within a 50 mile radius of the distillery licensee's primary production
			 facility;
(b) The Distillery
			 licensee currently ships between 1-25 cases per month of distilled liquor to
			 the Commission. For purposes of this rule, the number of bottles in a case is
			 determined by the distillery's current quote on file with the Commission;
(c) The Distillery licensee
			 applies to the Commission at least 48 hours before shipment; and
(d) The Distillery licensee completes any
			 additional forms, documents, or information that the Commission requires as
			 part of this process.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0143 - Sale of Non-Liquor Items

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In a
			 retail liquor store, the retail sales agent may sell distilled spirits
			 distributed by the Commission and non-liquor items. The Commission may require
			 items to be removed that are objectionable.
(2) A retail sales agent must secure
			 Commission approval for a retail liquor store's placement in another
			 business.
Statutory/Other Authority: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Statutes/Other Implemented: ORS
				  471.750(1),
				  2021 OL Ch. 186, 2021 OL Ch. 180 & 2021 OL Ch.
				  620
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0145 - Solicitation; Incentives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 retail sales agent may seek business from any business or Full On-Premises
			 Sales licensee, including any employee or representative by:
(a) Describing a retail liquor store and its
			 services orally, by flyer, personal letter or business card; and
(b) Inviting a potential business or Full
			 On-Premises Sales licensee customer to visit a retail liquor store.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0148 - Minors in Liquor Stores

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in (2) below, only people 21 years of age or older may enter a
			 retail liquor store, unless accompanied by a parent, spouse or Domestic Partner
			 who is at least 21 years old. "Domestic Partner" means an individual who, along
			 with another individual of the same sex, has received a Certificate of
			 Registered Domestic Partnership pursuant to the Oregon Family Fairness Act.
			 Nevertheless, people 18 years or older may be employed in liquor stores to sell
			 distilled spirits and people under the age of 18 may be employed but may not
			 participate in the sale of distilled spirits.
(2) A retail sales agents may apply to the
			 Commission for an exception to the requirements of (1) of this rule by
			 submitting a control plan to the Commission. The Commission may approve such a
			 control plan if it contains sufficient measures to ensure that minors will not
			 have access to distilled spirits. The Commission may revoke the exception by
			 providing written notice that the previously approved control plan is no longer
			 sufficient.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.750(1),
				  2021 OL Ch. 186, 2021 OL Ch. 620 & 2021 OL Ch.
				  180
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0150 - Service Refusal in a Retail Liquor Store

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A customer who meets the age and
			 identification requirements in ORS
			 471.130 has the right to
			 purchase alcoholic liquor in a retail liquor store.
(2) Despite section (1) of this rule, a
			 retail sales agent must refuse to sell alcoholic liquor to anyone who is
			 visibly intoxicated, and may refuse service to anyone who is disruptive or
			 abusive in a retail liquor store.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5),
				  472.030,
				  472.060(1) &
				  (2)(d)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0155 - Distilled Spirit Tasting in a Retail Liquor Store

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission allows sponsors to conduct
			 distilled spirits tastings in retail liquor stores at the sole discretion of
			 the retail sales agent for the purpose of promoting the sponsor's products. For
			 purposes of this rule, "sponsors" are: Oregon Distillery licensees,
			 out-of-state manufacturers of distilled spirits, importers of distilled
			 spirits, distillery representatives, and the employees or agents of Distillery
			 licensees, out-of-state manufacturers, importers, and distillery
			 representatives. Tastings are subject to the requirements and limits described
			 in this rule.
(2) Tasting Sizes,
			 Number of Samples per Participant. The size of each distilled spirits tasting
			 shall be no more than one-quarter fluid ounce of distilled spirits in a single
			 container. The container may also contain nonalcoholic beverages; however, the
			 total amount of liquid in the container may be no more than two ounces. A
			 sponsor may not provide more than one-half ounce total of distilled spirits per
			 participant per day.
(3) The
			 distilled spirits product(s) provided for tastings must be available for sale
			 at the retail liquor store where and when the tasting occurs.
(4) Identified Tasting Area. Retail sales
			 agents who allow tastings at their retail liquor store must identify a specific
			 tasting area. The area must be of a size and design such that the person(s)
			 conducting the tasting can observe and control persons in the area to ensure no
			 minors or visibly intoxicated persons possess or consume alcohol. Customers
			 must remain in the tasting area until they have finished consuming the
			 sample(s). The retail sales agent must identify the tasting area, and keep a
			 current floor plan on file.
(5)
			 Duration of Tastings Allowed. Tastings are limited to a maximum of three
			 consecutive hours per sponsor per retail liquor store per day. Only one sponsor
			 at a time may conduct sample tastings in a retail liquor store.
(6) Server Requirements. Alcohol servers must
			 have valid Oregon service permits.
(7) Record Keeping. The sponsor must keep a
			 record of each tasting they conduct, including the date and location of each
			 event, the products served, and the names of the servers. The sponsor must
			 retain records of tastings for one year.
(8) Sponsor responsibilities. Sponsors must:
(a) Provide the distilled spirits product to
			 be tasted, and remove any remaining product at the end of the
			 tasting;
(b) Provide or pay for a
			 person to serve the distilled spirits being tasted. The server must be a
			 sponsor or an employee or agent of the sponsor;
(c) Not compensate the retail sales agent, or
			 any employee or agent of the retail sales agent to participate in the
			 tasting.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0160 - Sale of Lottery Tickets

Current through Register Vol. 63, No. 7, July 1, 2024
Despite OAR
				845-015-0143(1)
				(sale of related items), retail sales agents may contract with the Oregon State
				Lottery Commission to sell Oregon State Lottery Tickets in retail liquor
				stores.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5),
				  472.030,
				  472.060(1) &
				  (2)(d)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0165 - Supplier Rebates on Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission allows suppliers to give
			 consumer rebates on distilled spirits. Progressive-type coupons which provide a
			 larger rebate when progressively more alcohol is purchased are permitted. An
			 example of this would be a rebate that offers $5 for the purchase of one bottle
			 but $12 for two.
(2) Suppliers will
			 distribute distilled spirits rebate coupons only through retail liquor stores
			 or by publishing them in newspapers or magazines. Any newspaper or magazine
			 advertising associated with rebate coupons must comply with OAR
			 845-015-0175,
			 845-015-0177, and any other
			 applicable state and federal regulations.
(3) All rebate coupons offered in the State
			 of Oregon must meet the following requirements:
(a) Rebate coupons must be redeemable only by
			 mail;
(b) Rebate coupon offers must
			 bear an expiration date;
(c) The
			 supplier must require proof of purchase;
(d) Rebate coupons must be valid only for
			 adults of legal drinking age. The Commission may require withdrawal of the
			 rebate coupon if the supplier does not comply with the conditions of the rebate
			 coupon or Commission rules.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0168 - Full On-Premises Sales Licensee Refund

Current through Register Vol. 63, No. 7, July 1, 2024
A Full On-Premises Sales licensee who is going out of business
				may make a written request to the Commission to return resalable merchandise
				for a refund. If the Commission approves the request, the Commission will issue
				a refund after it determines that the merchandise is
				resalable.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.740 &
				  471.750
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0170 - Payment for Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Timing of Payment for Distilled Spirits
			 Purchases. Payment for distilled spirits must be made at the time of purchase.
			 If the purchaser is a Full On-Premises Sales licensee, and the distilled
			 spirits being purchased are to be delivered, payment must be received at the
			 liquor store not later than the store's close of business on the same day that
			 the product was delivered to the licensee.
(2) A retail sales agent accepts these forms
			 of payment:
(a) United States currency or a
			 United States traveler's check;
(b)
			 A cashier's check or money order;
(c) A licensee's business check for the
			 amount of the purchase only, properly dated, personalized and free of
			 alterations;
(d) A personal check
			 from a non-licensee with either a valid driver's license with photo or valid
			 DMV Identification card with photo, name, date of birth and physical
			 description. The check must be under $200, payable to the OLCC, for the amount
			 of purchase only, properly dated, personalized and free of alterations;
			 and
(e) Retail sales agents shall
			 accept debit and credit cards from non-licensees using equipment that meets or
			 exceeds Commission approved standards as set forth in the Retail Operations
			 Manual.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0173 - Discount for Full On Premises Sales Licensees' Distilled Spirits Purchases

Current through Register Vol. 63, No. 7, July 1, 2024
Full On-Premises Sales licensees will purchase distilled
				spirits from a retail sales agent at a discount of five percent off the listed
				price fixed by the Commission. Licensees will receive the discount only on
				distilled spirits purchased for use in their Full On-Premises Sales businesses.
				The discount will be given at the time of purchase.
Stat. Auth.: ORS 471,
				  471.030,
				  471.040,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.745 &
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0175 - Advertising by a Retail Sales Agent

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission allows advertising by
			 retail sales agents through media and other forms that are not prohibited by
			 statute or rule.
(2) Advertising
			 may not:
(a) Be false, misleading or
			 discriminatory;
(b) Make claims
			 that any government agency endorses or supports the distilled spirits product;
(c) Include materials so appealing
			 to minors that it encourages them to purchase, possess or drink distilled
			 spirits;
(d) Be included in any
			 material that is for the purpose of youth or minor viewership (i.e. school
			 yearbooks)
(e) Use a person
			 appearing to be under 26 years of age displayed drinking distilled spirits;
(f) Use material that encourages
			 the use of distilled spirits because of its intoxicating effect;
(g) Include the words, "OLCC" or "State of
			 Oregon";
(h) Include material that
			 encourages excessive or rapid consumption;
(i) Be purchased or given by a manufacturer,
			 wholesaler, distributor, or a person representing a distillery, or a Full
			 On-Premises licensee on behalf of a retail sales agent, except as otherwise
			 allowed by statute or rule. (See ORS
			 471.750(4) and
			 OAR 845-015-0177);
(j) Be placed in media that is being
			 purchased by a Full On-Premises licensee or material advertising a Full
			 On-Premises licensee in a liquor store.
(k) Promote a licensee, sweepstake, premium,
			 on-pack or non-tasting distilled spirit events as those terms are defined in
			 OAR 845-015-0177.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0177 - Advertising in a Retail Liquor Store

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: As used in this rule:
(a) "Sweepstake" means a contest for prizes
			 not prohibited by law and offered by a manufacturer or a person representing a
			 distillery.
(b) "Premium" means an
			 item, offered to promote a product, which a person may order from a
			 manufacturer or person representing a distillery. Examples of a premium include
			 t-shirts, watches, and personalized bottle labeling.
(c) "On-pack" means any item approved by the
			 commission that is attached to or packaged with a distilled spirits
			 product.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0180 - Distilled Spirits Samples Offered to Retail Sales Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Distillery
			 representatives may not give samples to retail sales agents, their employees or
			 customers in a retail liquor store.
(2) Despite section (1) of this rule, a
			 retail sales agent may accept samples from distillery representatives or OLCC
			 staff of not more than four 50 ml manufacturer-sealed containers of distilled
			 spirits one time per brand. The sample must be a Commission-approved brand. If
			 a product is not available in a 50 ml container, the retail sales agent may
			 accept a single sample in the next larger available size if the distillery
			 representative has written approval from the Listing Committee of the
			 Commission to offer samples in a larger size. Samples may not be consumed in a
			 retail liquor store or within its immediate vicinity. All samples must be
			 sealed bottles. Samples as described in this rule are not sample tastings as
			 described in OAR 845-015-0155.
(3) Retail sales agents may give samples
			 received according to section (2) of this rule to their employees that are at
			 least 21 years of age.
Stat. Auth: ORS 471,
				  471.030,
				  471.040,
				  471.730(1) &
				  (5)
Stat. Implemented: ORS
				  471.750
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0185 - Special Orders for Distilled Spirits

Current through Register Vol. 63, No. 7, July 1, 2024
Customers may order distilled spirits products or container
				sizes that the Commission does not carry in the regular product line. Minimum
				order quantities may apply. For special orders, the customer pays the wholesale
				cost, the average handling and freight costs per case and the regular markup.
				The Commission sets the average handling and freight costs from an annual
				review of these costs for special orders.
Stat. Auth.: ORS 471, including 471.030, 471.175, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.175 &
				  471.750
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0190 - Resignation Buy-Out Program for Retail Sales Agents

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. The purpose of the Resignation
			 Buy-Out Program is to provide a monetary benefit to all retail sales agents
			 when they resign. Retail sales agents receive the buy-out, in part, to
			 recognize their contribution in building a successful business.
(2) Definitions.
(a) "Solicit," "solicitation" and
			 "soliciting" have the meaning given them under OAR
			 845-015-0145. These terms also
			 include any act or contact directed at a specific business, Full On-Premises
			 Sales licensee or other like entity for the purpose of asking, encouraging,
			 suggesting, urging or persuading a specific business, Full On-Premises Sales
			 licensee or other entity to purchase distilled spirits from a particular retail
			 liquor store.
(b) "Full
			 On-Premises Sales licensee" means any person or entity holding a Full
			 On-Premises Sales license.
(c)
			 "Commercial Accounts" means any business or association that purchases more
			 than fifty 750 ml bottles of distilled spirits from the store in the twelve
			 months immediately preceding turnover of the store to the incoming agent.
(d) "Domestic Partner" means an
			 individual who, along with another individual of the same sex, has received a
			 Certificate of Registered Domestic Partnership pursuant to the Oregon Family
			 Fairness Act.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0193 - Terminating an Agency Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471, ORS 472, ORS
				  471.030, ORS
				  471.730(1), ORS
				  471.730(5), ORS
				  472.030, ORS
				  472.060(1)
				  & ORS 472.060(2)(d)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0196 - Appointment of a Temporary Retail Sales Agent or Operation by Commission Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.750(1)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0200

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.750
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0205 - Satellite Liquor Stores

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 15 - RETAIL SALES AGENTS › Section 845-015-0210 - Pilot Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 471, including 471.030; 471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.542 &
				  471.547
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0010 - Provider Certification Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0015 - Alcohol Server Education Provider Standards - Classroom Course

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0016 - Alcohol Server Education Provider Standards for Initial Course When Given Online

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0020 - Instructor and Trainer Qualification and Performance Standards; Provider Responsibility for Fee and Performance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Qualifications: Each instructor and
			 person who trains instructors, and who submits a Provider Certification form
			 after September 1, 2007 must have:
(a) A
			 minimum of four years of verified full-time employment (8,000 hours) in the
			 fields of training, education, law, law enforcement, substance abuse
			 rehabilitation, the hospitality industry or any of the subjects listed in ORS
			 471.542(5);
			 or
(b) A minimum of two years of
			 post-secondary education in the fields of training, education, law, law
			 enforcement, substance abuse rehabilitation, the hospitality industry or any of
			 the subjects listed in 471.542(5).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0030 - Student Enrollment, Information to be Provided to Students in Classroom and Online Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0040 - Recertification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0045 - Certification and Recertification Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may deny certification or
			 recertification to a provider or provider applicant if the applicant, provider,
			 provider's instructor or instructor applicant, or the provider's authorized
			 representative does not comply with section (3)(a) through (f) of this
			 rule.
(2) The Commission may deny
			 certification or recertification to an instructor or instructor applicant who
			 does not comply with section (3)(a) through (f) of this rule.
(3) Applicants, instructors, providers, and
			 authorized representatives must:
(a) Not make
			 any material false or misleading statement to induce or prevent Commission
			 action;
(b) Meet the requirements
			 in OAR 845-016-0015,
			 845-016-0016, or
			 845-016-0020, as
			 appropriate;
(c) Follow the
			 procedures described in these rules;
(d) Not violate any laws or Commission rules
			 related to the Alcohol Server Education course;
(e) Not exploit the professional relationship
			 with a student for personal gain;
(f) Not have a recent history of liquor or
			 controlled substance law violations, a recent history of using a controlled
			 substance or alcoholic beverage to excess or recent disregard for laws related
			 to being a responsible provider or authorized representative.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0048 - Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may restrict a provider's or instructor's certificate when:
(a) In the absence of a restriction, the
			 Commission has a basis to cancel, suspend/fine or deny the certification;
			 or
(b) In addition to all or part
			 of a suspension or fine, a restriction may prevent the recurrence of the
			 problem(s) that caused the violation(s).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0055 - Record Keeping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 provider will keep course presentation information including the location, date
			 and number of students attending each class. The provider will give the
			 Commission this information upon request.
(2) Each provider will keep enrollment
			 records for two years and three months. Enrollment records include the name of
			 each student enrolled in the provider's program and the date and location of
			 the class the student took. The provider will give the Commission copies of
			 these enrollment records if the provider is no longer certified. The Commission
			 may inspect records at any time during normal business hours.
(3) Violation of this rule is a Category III
			 violation (see OAR 845-016-0080,
			 Sanctions).
Stat. Auth.: ORS 471 & 472, including 471.030, 471.730(1)
				  & (5), 472.030, 472.060(1) & (2)(d)
Stats. Implemented: ORS
				  471.542 &
				  471.547
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0060 - Changes in Course, Instructor or Provider

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A provider or instructor will not change
			 program content or method of presentation without the provider receiving the
			 Commission's prior approval.
(2)
			 Selling the Business: If the provider sells the business, the purchaser must
			 apply for and receive certification before the purchaser gives any
			 course.
(3) Adding an Instructor:
(a) When the provider adds an instructor, the
			 provider must mail or deliver to the Commission, no later than 36 hours after
			 the instructor's first course, a completed Provider Staff Certification form
			 for each instructor and the non-refundable instructor fee. Holidays and
			 weekends are not included in counting the 36 hours. If the provider adds an
			 instructor during the first six months of the certification period, the
			 instructor fee is $100. If the provider adds an instructor during the last six
			 months of the certification period, the fee is $50;
(b) Despite subsection (3)(a) of this rule,
			 if a provider adds an instructor who teaches another Oregon Alcohol Server
			 Education Course, the Commission will not require another instructor fee if the
			 fee has been paid for the certification period. However, the provider must send
			 the Commission a completed Provider Staff Certification form before the
			 instructor teaches the provider's course.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0065 - Provider Advertising and Promotion Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Provider advertising related to the
			 course must include:
(a) The provider's
			 telephone number and cancellation policy;
(b) The total amount of course time which
			 includes instruction and break time;
(c) A statement that students must attend the
			 entire course before taking an exam.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0068 - Alcohol Server Education Renewal Requirements for Service Permittees and Licensees; Examination; Approval Standards and Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.542(1)
			 requires applicants for any license that authorizes the sale or service of
			 alcoholic beverages for consumption on the premises and service permits to
			 complete an approved alcohol server education course and examination in order
			 to qualify for a license or permit. ORS
			 471.542(3)
			 requires the Commission to establish by rule the requirements that licensees
			 and permittees must comply with as a condition of requalifying for a license or
			 permit every five years.
(2) Once
			 every five years after completing the initial alcohol server education course
			 and examination required in ORS
			 471.542(1),
			 licensees and permittees may satisfy the requirement of 471.542(3) by:
(a) Repeating the initial alcohol server
			 education course and examination; or
(b) Completing a renewal alcohol server
			 education course and examination.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0070 - Provider Responsibility for Acts of Employees

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may hold a provider responsible for any act or
				omission of the provider's course instructor, personnel or representative that
				violates any law or administrative rule affecting provider
				privileges.
Stat. Auth.: ORS 471, including 471.030 & 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.542 &
				  471.547
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0075 - Prohibited Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
No provider or instructor will:
(1) Drink alcoholic beverages, be visibly
			 intoxicated, or be under the influence of intoxicants during the course
			 presentation and exam, including breaks and meals. Violation of this section is
			 a Category I violation.
(2) Make
			 any material false or misleading statement to induce or prevent Commission
			 action. Violation of this section is a Category I violation.
(3) Falsify, alter or otherwise tamper with
			 examination materials. Violation of this section is a Category I violation.
(4) Have a recent history of
			 liquor or controlled substance law violations, a recent history of using a
			 controlled substance or alcoholic beverage to excess or recent disregard for
			 laws related to being a responsible provider, instructor or authorized
			 representative. Violation of this section is a Category I violation.
(5) Exploit the professional relationship
			 with a student for personal gain. Violation of this section is a Category II
			 violation.
(6) Prohibit or
			 interfere with on-site observations by the Commission or fail to assist the
			 Commission in scheduling these observations. Violation of this section is a
			 Category III violation.
(7) Permit
			 any student to drink alcoholic beverages or to be under the influence of
			 intoxicants during the course presentation, including breaks and meals.
			 Violation of this section is a Category III violation.
(8) Permit distractions and interruptions
			 that diminish the quality of the instructional setting. Violation of this
			 section is a Category III violation.
Statutory/Other Authority: ORS
				  471.030 &
				  471.730(1)
Statutes/Other Implemented: 471.547 & ORS
				  471.542
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 16 - SERVER EDUCATION PROGRAM PROVIDER CERTIFICATION › Section 845-016-0080 - Sanctions for Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission may cancel or suspend a provider or instructor's certification under
			 its authority in ORS 471.542,
			 471.547 &
			 471.322(3)
			 allows the Commission to impose a fine of not more than $1,000 in addition to
			 or instead of a suspension or cancellation.
(2) Violation Categories:
(a) I Violations that make a provider
			 ineligible for certification;
(b)
			 II Violations that seriously impair the quality/effectiveness of the provider's
			 program;
(c) III Violations,
			 although not serious, that would reduce the quality or effectiveness of the
			 provider's course if not corrected.