reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0465 - Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4)

Current through Register Vol. 63, No. 7, July 1, 2024
Temporary sales and special event licensees approved under OAR
				845-005-0440 must comply with
				the following food service standards whenever alcoholic beverage service is
				available.
(1) If distilled spirits
			 are provided at the event, the licensee or the licensee's contract food service
			 provider must provide at all times and in all areas where alcohol service is
			 available at least three different substantial food items.
(2) If distilled spirits are not provided,
			 the licensee or a contract food service provider must provide at all times and
			 in all areas where alcohol service is available at least two different
			 substantial food items.
(3) If the
			 licensee does not directly provide the food service required under sections (1)
			 and (2) of this rule, the food service must be provided by a contractor or
			 contractors. The contract may be with the licensee or with the organizer of the
			 event. The licensee may sell or serve alcohol only when food service that meets
			 the requirements of this rule is provided to patrons at all times and in all
			 areas where alcohol service is available. The Commission may waive the OAR
			 845-005-0311 requirement that a
			 contract food service provider be a co-licensee at the event if the contract
			 food provider does not provide any alcohol service and does not directly or
			 indirectly manage people who sell or serve alcohol. A licensee may have fewer
			 than the different substantial food items required under sections (1) and (2)
			 of this rule in the area where alcohol service is available if the Commission
			 determines that the clearly dominant emphasis in this area is food service as
			 described in 845-006-0460(2)(c).
(4) Violation of any section of this rule is
			 a Category III violation.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.190(4)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0466 - General Food Service Requirements for Full On-Premises Sales Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Food
			 preparation facilities: Except for public passenger carriers licensed under ORS
			 471.182, a Full On-Premises
			 Sales licensee must have a food preparation area and equipment adequate to
			 prepare, cook and serve food to meet the food service requirements of the
			 Commission. The food preparation area and equipment must be on the licensed
			 premises except when the licensed premises is a location catered by a licensee
			 under the authority of ORS
			 471.184.
(2) Discouraging food service: A Full
			 On-Premises Sales licensee may not discourage or attempt to discourage a person
			 from ordering or obtaining food from the licensee. Examples of discouraging
			 food service include but are not limited to: A failure to take, prepare, cook,
			 or deliver a food order in a timely manner; clearly over-pricing food for the
			 clientele of the establishment; offering or serving unpalatable food; failing
			 to provide required food service; and failing to provide a food service menu in
			 a timely manner to a patron when requested by the patron.
(3) Violation of any section of this rule is
			 a Category III violation.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0469 - Full On-Premises Sales License with Additional On-Premises Sales Privilege

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 Full On-Premises Sales licensee holding at the same licensed premises another
			 license allowing on-premises consumption of alcohol must comply with the food
			 service requirements of the Full On-Premises Sales license regardless of which
			 license is used to serve alcohol for on-premises consumption.
(2) Violation of any section of this rule is
			 a Category III violation.
Stat. Auth.: ORS 471, including 471.030, 471.040, 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0475 - License Changes Requiring Notice/Prior Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule:
(a) "Manager" means any person who has
			 decision making authority and whose primary duties include control over the
			 operation of the licensed premises and its employees with respect to the
			 sale/service of alcoholic beverages. This definition may apply to more than one
			 person at a particular licensed premises;
(b) "Partnership" means an association of two
			 or more persons who carry on a business jointly and who demonstrate an intent
			 to be treated as partners by signing a partnership agreement;
(c) "Person" includes individuals,
			 corporations, partnerships or other business organizations;
(d) "Principal officer" includes the
			 president, any vice president with responsibility over the operation of a
			 licensed business, the secretary, the treasurer, or any other officer
			 designated by the Commission.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0480 - Changes in Premises or Operation: Notice Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 issues licenses with the understanding that the licensee will operate the
			 business as proposed at the time of licensing. The Commission also realizes
			 that a licensee may need to change the business during the licensing year. This
			 rule provides a way for a licensee to make changes, and for the Commission to
			 be assured that the changes will meet the criteria for licensing.
(2) A licensee licensed to sell alcoholic
			 beverages at retail for on-premises consumption must notify the Commission in
			 writing and provide an updated floor plan whenever the licensee changes the
			 physical dimensions of the licensed premises within 30 days of the
			 change.
(3) A licensee must notify
			 the Commission in writing whenever the licensee changes the business trade name
			 within 30 days of the change.
(4) A
			 licensee licensed to sell alcoholic beverages for on-premises consumption must
			 notify the Commission in writing of any change to the premises or the business
			 operation that could reasonably affect the minor posting assigned to the
			 premises or any room or area of the premises prior to the change.
(5) Failure to provide the notice that this
			 rule requires is a Category V violation.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.313 &
				  471.315
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0481

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.313, ORS
				  471.315 & ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0482 - Closure of Premises for Private Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Limited
			 On-Premises Sales licensees and Full On-Premises Sales licensees may close all
			 or part of the licensed business for private use at any time. The licensee must
			 give notice of such closures as provided in this rule:
(a) A Full On-Premises Sales licensee
			 licensed as a commercial establishment as authorized by ORS
			 471.175(2)(c)
			 must notify the Commission in writing at least 48 hours before full closure of
			 the licensed premises for private use. Partial closure of the licensed premises
			 does not require notification to the Commission except as section (1)(b) of
			 this rule requires;
(b) All Limited
			 On-Premises Sales licensees and Full On-Premises Sales licensees must notify
			 the Commission in writing prior to the event if any private use not approved at
			 the time of licensing will restrict the general public more than once per week
			 from areas that were approved for patronage by the general public.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0490

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 471,
				  471.030,
				  471.040,
				  471.175 &
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.175
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0495 - Requirements for a Full On-Premises Sales License for a For-Profit Private Club

Current through Register Vol. 63, No. 7, July 1, 2024
This rule sets requirements in addition to other requirements
				set out in ORS Chapter 471 and OAR chapter 845 divisions 5 and 6 for a Full
				On-Premises Sales License for a For-Profit Private Club.
(1) Definitions. For this rule and OAR
			 845-005-0322:
(a) "Member" means a living individual that
			 has been accepted by the club as a member, pays dues to the club, and has
			 full-time membership privileges.
(b) "Nonmember" means an individual who is
			 not a member and who is at the club for the purpose of benefiting from the
			 club's services or facility.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0497 - Enforceable Compliance Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Commission issues a written Notice of Warning to a licensee for a history
			 of serious and persistent problems under ORS
			 471.315(1)(c),
			 the Commission shall require the licensee to submit a written compliance plan
			 setting out the specific actions that the licensee will take to address the
			 problems.
(2) A draft compliance
			 plan required under this rule must be submitted to the Commission within 15
			 days of the licensee receiving notice of the requirement. The Commission will
			 provide written feedback regarding the licensee's draft plan within 10 days of
			 receipt. A final acceptable compliance plan must be submitted no later than 30
			 days from the date the licensee received initial notice of the requirement, or
			 5 days from the date the licensee received written feedback on their draft
			 plan, whichever is later. The Commission will give written approval of a
			 compliance plan as acceptable if it determines that implementation of the plan
			 is reasonably likely to reduce or prevent the identified compliance problems.
			 Under no circumstances will the time period between initial Commission notice
			 of the requirement and Commission approval of a final acceptable compliance
			 plan exceed 45 days.
(3) Once a
			 compliance plan is approved, the licensee must follow the plan. The licensee
			 may request Commission approval to discontinue a compliance plan no sooner than
			 one year from the approval date. The licensee may request Commission approval
			 to modify a compliance plan no sooner than six months from the approval date.
			 The Commission will grant the request if it finds there is no longer a
			 significant risk at the premises of future compliance problems pertaining to
			 the elements of the plan contained in the licensee's request.
(4) Approval of a compliance plan under this
			 rule does not prevent the Commission from taking any other compliance
			 action.
(5) Failure to submit an
			 acceptable compliance plan as required or to follow an approved compliance plan
			 is a Category III violation.
(6)
			 The licensee must keep the compliance plan on the licensed premises and make
			 the compliance plan available at any time for immediate inspection by any
			 Commission employee or any peace officer. Failure to comply with this
			 requirement is a Category IV violation.
Stat. Auth.: ORS 471, including 471.030, 471.040 &
				  471.730(1) & (5)
Stats. Implemented: ORS
				  471.030
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0498 - Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 7:00 a.m. on the date a liquor license suspension goes into effect, and until
			 the suspension is completed, Commission staff will ensure that a suspension
			 notice sign is posted on each outside entrance or door to the licensed
			 establishment. The suspension notice sign must be posted in a way that allows
			 any person entering the premises to read it. Licensees must use the suspension
			 notice sign provided by the Commission. The sign will state that the liquor
			 license has been suspended by order of the Commission due to violation(s) of
			 the alcoholic liquor laws (statute or administrative rule) of Oregon. If there
			 are multiple liquor licenses at the location, the sign will specify which
			 license privileges have been suspended.
(2) During the period of license suspension,
			 the licensee is responsible for ensuring:
(a)
			 Compliance with all applicable laws and rules, including compliance with all
			 minor postings assigned to the premises per OAR
			 845-006-0340;
(b) That the suspension notice sign is not
			 removed, altered, or covered.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 6 - APPLICATIONS; REQUIREMENTS; RESTRICTIONS; PROHIBITED CONDUCT › Section 845-006-0500 - Suspensions and Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission cancels or suspends a license under its authority in:
(a) ORS
			 471.315 for violations of any
			 provision of ORS Chapter 471 or any administrative rule (chapter 845) the
			 Commission adopts pursuant to these chapters;
(b) ORS
			 459.992(4) for
			 violations of any provision of 459A.705, 459A.710 or 459A.720 or any
			 administrative rule the Commission adopts pursuant to these statutes;
(c) ORS
			 471.315(1)(d)
			 for public interest or necessity reasons.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 7 - ADVERTISING › Section 845-007-0005 - Purpose and Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission serves the interests of
			 the citizens of Oregon by regulating alcoholic beverage advertising for these
			 purposes:
(a) To minimize health or safety
			 problems caused by the misuse of alcoholic beverages;
(b) To encourage moderation in the use of
			 alcoholic beverages;
(c) To
			 discourage the appeal of alcoholic beverages to minors;
(d) To ensure accurate presentation of the
			 product;
(e) To ensure compliance
			 with all laws relating to alcoholic beverages.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 7 - ADVERTISING › Section 845-007-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				845-007-0005 through
				845-007-0035:
(1) "Advertising" is publicizing the trade
			 name of a licensee together with words or symbols referring to alcoholic
			 beverages or publicizing the brand name of an alcoholic beverage.
(2) "Alcoholic Beverage" contains more than
			 one-half of one percent alcohol by volume and is intended for human
			 consumption.
(3) "Coupon" or
			 "rebate coupon" means any coupon, ticket, certificate token or any other
			 material that a person may use to obtain a price reduction or rebate in
			 connection with alcoholic beverages. This definition applies whether the coupon
			 requires a purchase or not.
(4)
			 "Handbill" is a flyer, leaflet, or sheet that advertises alcoholic
			 beverages.
(5) "Point of sale" item
			 is a display, sign, or other material that advertises alcoholic beverages at a
			 licensed premises.
Stat. Auth.: ORS 471,
				  471.030,
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  471.730(7)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 7 - ADVERTISING › Section 845-007-0015 - Advertising Media, Coupons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission prohibits advertising through:
(a)
			 Handbills that are posted or passed out in public areas such as parking lots
			 and publicly owned property; and
(b) Point of sale items on premises where the
			 advertised product is not sold.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 7 - ADVERTISING › Section 845-007-0020 - Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 prohibits advertising if it contains:
(a)
			 False or misleading information;
(b) Claims that the alcoholic beverage has
			 curative or therapeutic effects;
(c) Claims that any government agency
			 endorses or supports the alcoholic beverage;
(d) The requirement of purchasing an
			 alcoholic beverage in order to receive a prize or merchandise unless the
			 manufacturer or wholesaler donates the prize or merchandise to a charitable
			 cause or community non-profit entity;
(e) Material so appealing to minors that it
			 encourages them to purchase, possess, or drink alcoholic beverages;
(f) A person displayed drinking an alcoholic
			 beverage;
(g) Material that
			 encourages the use of an alcoholic beverage because of its intoxicating effect;
(h) Statements or illustrations
			 that an alcoholic beverage causes athletic or artistic success;
(i) Material that encourages excessive or
			 rapid consumption.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 7 - ADVERTISING › Section 845-007-0035 - Removal of Objectionable and Non-Conforming Advertising

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Licensees and
			 retail sales agents must remove any sign, display, or advertisement if the
			 Commission finds it violates these rules.
(2) The Commission will specify a reasonable
			 time period in which to remove the objectionable advertisements.
Stat. Auth.: ORS 471 & 472, including ORS
				  471.030,
				  471.730(1) &
				  (5),
				  472.030,
				  472.060(1) &
				  (2)(d)
Stats. Implemented: ORS
				  471.730(7)
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 8 - PRIVILEGE TAX › Section 845-008-0050 - Tax Reporting and Tax Liability

Current through Register Vol. 63, No. 7, July 1, 2024
All wineries must file tax statements with the Commission which
				include the quantity of wine produced, purchased or received during the
				calendar year. This rule explains the criteria to qualify as an annual reporter
				as well as the reporting requirements for both annual and monthly
				reporters.
(1) Annual Reporting
			 Eligibility and Requirements.
(a) A winery is
			 eligible to file a single annual tax statement for any particular calendar year
			 if the winery either:
(A) Was not liable for
			 any privilege tax in the prior calendar year and does not expect to be liable
			 for any privilege tax in the current calendar year; or
(B) The winery is in its first calendar year
			 of operation and does not expect to be liable for any privilege tax in the
			 current calendar year.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 8 - PRIVILEGE TAX › Section 845-008-0070 - Export Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 473.050(2)
				provides that no tax shall be levied, collected or imposed upon any wine
				exported from the state. This rule explains the criteria to qualify for this
				export exemption.
(1) The export
			 exemption can be used to recover taxes already paid to the Commission or to
			 offset a current tax liability.
(2)
			 A winery may claim the export exemption for wine that it removes from federal
			 bond and exports from the state. The exemption may be taken at the time of
			 removal if the winery intends in good faith to export the wine. Wine qualifies
			 as being exported if the wine is, or is expected to be, transported to a
			 location outside of Oregon. All export exemptions must be supported by proof of
			 export such as a bill of lading or other shipping documentation.
(3) Wine that is claimed as exempt under the
			 small winery exemption may not be claimed as exempt from tax under the export
			 exemption.
(4) A winery may claim a
			 refund for wine on which tax was paid to the Commission in a prior period if
			 the wine is subsequently exported from the state. No refund will be issued if
			 no tax was paid by the winery to the Commission on the wine being exported. No
			 refund may be claimed on wine that was previously exempted from tax.
Stat. Auth.: ORS 471 & 473,
				  471.030,
				  471.730(1), (3) &
				  (5), &
				  473.020
Stats. Implemented: ORS
				  473.050 &
				  473.060
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 8 - PRIVILEGE TAX › Section 845-008-0080 - Penalties and Interest

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the penalties and interest that may be
				assessed on a winery's outstanding tax liability.
(1) Unless waived, the Commission will assess
			 a penalty of 10% and interest at the rate of 1% per month on any tax that is
			 not paid on the due date as specified in OAR
			 845-008-0050(1)(d) or
			 (2)(c).
(2) ORS
			 473.060(2)
			 provides that the Commission may waive any interest or penalty assessed on
			 unpaid taxes if the Commission determines that the winery has made a good faith
			 effort to comply with the privilege tax requirements set forth in ORS Chapter
			 473, OAR chapter 845 division 8,
			 845-010-0151, and
			 845-010-0170.
(3) Failure to file any tax statement and
			 supporting schedules by the due date is a Category IV violation. Failure to
			 file an accurate and complete tax statement and supporting schedules by the due
			 date may result in the assessment of penalties and interest on any outstanding
			 tax liability.
Stat. Auth.: ORS 471 & 473,
				  471.030,
				  471.730(1), (3) &
				  (5), &
				  473.020
Stats. Implemented: ORS
				  473.060 &
				  473.140
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 8 - PRIVILEGE TAX › Section 845-008-0090 - Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 473.060(1)
				provides that the Commission may refund any tax payment imposed upon or paid in
				error by a winery. This rule explains the criteria for the refund process.
(1) A refund is the Commission
			 returning money to the winery for over-paid taxes. It is distinguished from a
			 credit, which is also for over-paid taxes but is used to offset a new tax
			 liability.
(2) Refunds of privilege
			 tax paid in a prior reporting period will be issued upon a written request with
			 proper documentation showing that the tax was paid in error or that an
			 exemption applies to wine on which tax was previously paid to the Commission. A
			 refund will be issued only to the entity that previously paid the tax for which
			 the refund is being claimed.
(3) If
			 the refund request is for an amount over $1,000 an audit may be required before
			 a refund will be issued.
(4) If at
			 audit it is determined that a refund was issued in error and there is in fact
			 an outstanding tax liability, then penalties and interest may be
			 assessed.
Stat. Auth.: ORS 471 & 473,
				  471.030,
				  471.730(1), (3) &
				  (5), &
				  473.020
Stats. Implemented: ORS
				  473.060
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0005 - Return of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may consider an application incomplete
				if:
(1) Any of the following
			 information is missing or illegible:
(a)
			 Applicant's name;
(b) Applicant's
			 mailing address;
(c) Applicant's
			 Social Security Number;
(d)
			 Applicant's date of birth;
(e)
			 Applicant's signature;
(f)
			 Applicant's response to conviction history questions; or
(g) Applicant's proof of completion of an
			 alcohol server education course.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0010 - Service Permit Requirements

Current through Register Vol. 63, No. 7, July 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0015 - Licensee and Authorized Person's Responsibility for Verifying Identification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Before allowing anyone who is required to have a service permit under ORS
			 471.360 to perform the duties
			 described in OAR 845-009-0010(1),
			 a licensee must:
(a) Make sure the person has
			 a valid service permit; and
(b)
			 Verify the person's identity (for example, make sure the person's physical
			 description matches the person's driver's license photo and
			 description).
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0020 - Service Permit Denial and Cancellation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 471.380 and
			 471.385, the Commission may deny
			 or cancel a service permit if the applicant or permittee violates certain laws,
			 uses alcohol or controlled substances to excess or has a poor record of
			 compliance. This rule describes how the Commission applies these statutory
			 provisions.
(2) Permit
			 Cancellation. The Commission will cancel a service permit if, on the date it
			 sends the Notice of Proposed Cancellation, the Commission would have a valid
			 basis to deny a service permit application submitted by the same permittee.
(3) Felony Convictions.
(a) Definitions. As used in this rule:
(A) A "felony drug conviction" means a felony
			 conviction for possession, manufacture, delivery or distribution of a
			 controlled substance, or any other drug-related felony as described in ORS 475
			 or similar laws in other jurisdictions.
(B) A "felony violent crimes conviction"
			 means a felony conviction for a crime which causes, attempts to cause, or
			 threatens to cause physical injury or harm to another person irrespective of
			 the jurisdiction.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0075 - Licensee Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.542 requires applicants to
			 complete an approved alcohol server education course to qualify or requalify
			 for certain licenses. After an applicant completes an approved alcohol server
			 education course and passes the exam, the applicant has met the alcohol server
			 education requirement for any license issued within five years from the
			 completion date. The licensee must again complete an approved course and pass
			 the exam before the Commission will issue any license for a licensing period
			 that begins after the date this five year period expires.
(2) When the Commission issues a license in
			 the name of a corporation, limited partnership or business entity other than
			 individual persons, the licensee must designate a person or persons (depending
			 on business structure) to take the course and pass the exam on the licensee's
			 behalf. The designee must have the authority to set, implement or change the
			 licensee's practices for selling and serving alcoholic beverages. The licensee
			 may change its designee. If the designee no longer qualifies to act on the
			 licensee's behalf, the licensee must appoint a new designee within 20 days. The
			 licensee must give the Commission written notification within ten days of the
			 appointment. The new designee must take the course and pass the exam within 45
			 days of appointment.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040, 471.730(1) & (5)
Statutes/Other Implemented: ORS
				  471.542
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0080 - Extensions and Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.542 allows the Commission:
(a) To extend the time limit for completing
			 the course and passing the exam for hardship reasons; and
(b) To exempt licensees who do not
			 participate in the management of the business.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0085 - The Examination (Licensees and License Applicants)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A passing grade
			 on the exam is 70 percent.
(2)
			 After the license applicant or licensee takes the course and exam, the
			 Commission will give him/her the examination results.
(3) A license applicant or licensee who does
			 not pass this exam may retake the exam.
Statutory/Other Authority: ORS 471, including 471.030,
				  471.040 & 471.730(1)
Statutes/Other Implemented: ORS
				  471.542
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0090 - Oral Option

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant or licensee may take the exam either in writing or
				orally at the completion of the course. He/she may also take the retake exams
				either in writing or orally. The applicant or licensee must make arrangements
				with the provider or field office for an oral exam.
Stat. Auth.: ORS 471, including 471.030 & 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.542
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0100 - Service Permittee Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may not issue or renew a
			 service permit unless the applicant or permittee has complied with the
			 requirements of ORS 471.542 and Commission rules
			 related to the completion of an approved alcohol server education
			 course.
(2) An applicant:
(a) May take the course and pass the exam
			 anytime within two years before the date the Commission receives the person's
			 completed service permit application; or
(b) Must take the course and pass the exam no
			 later than 45 days after the Commission receives the person's completed service
			 permit application. The Commission will deny the application if the applicant
			 has not completed the course and passed the exam within the 45 day limit unless
			 the Commission has approved a hardship extension as described in Sections (3)
			 and (4) of this rule.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0105 - The Examination (Service Permittees and Service Permit Applicants)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A passing grade
			 on the exam is 70 percent.
(2)
			 After the service permit applicant or permittee takes the course and exam, the
			 Commission will give him/her the examination results.
(3) A service permit applicant, who does not
			 pass this exam, may retake the exam.
(4) If the applicant does not take and pass
			 the exam within 45 days of the date their application was received, the
			 Commission will deny the application. When the applicant receives the denial
			 letter, the applicant must stop selling and serving alcoholic beverages
			 immediately.
(5) If the applicant
			 still wants a service permit after being denied under this rule, he/she must:
(a) Retake the server education course and
			 pass the exam, if it has been 90 or more days since the date the person took
			 the course ; or
(b) Retake the
			 exam, if it is within 90 days of the date the person took the course;
			 and
(c) Complete and file a new
			 application along with the appropriate fees.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0110 - Oral Option

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant or permittee may take the exam either in writing
				or orally at the completion of the course. He/she may also take the retake
				exams either in writing or orally. The applicant or permittee must make
				arrangements with the provider or field office for an oral
				exam.
Stat. Auth.: ORS 471, including 471.030 & 471.730(1)
				  & (5)
Stats. Implemented: ORS
				  471.542
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0115 - Server Education Hearings: Licensees, Service Permittees, and Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Commission denies a license or service permit because the applicant, licensee,
			 or permittee fails to meet the alcohol server education requirement, the
			 applicant, licensee, or permittee is entitled to a hearing under the procedures
			 in OAR chapter 137, division 003 and OAR chapter 845, division 003.
(2) Despite section (1) of this rule, the
			 applicant, licensee, or permittee is not entitled to a hearing if the
			 applicant, licensee, or permittee fails to pass the alcohol server
			 exam.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.040, ORS
				  471.730(1)
				  & ORS 471.730(5)
Stats. Implemented: ORS
				  471.542 & ORS
				  183
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0130 - Training Requirements for Employees of Off-Premises Sales Licensees

Current through Register Vol. 63, No. 7, July 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0135 - Responsible Vendor Program

Current through Register Vol. 63, No. 7, July 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.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0140 - Age Verification Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule: "Retail licensee"
			 and "licensee" mean a retail licensee as defined in ORS
			 471.392;
(2) In order to qualify for the credit
			 provided under section (3) or (4) of this rule, age verification equipment must
			 meet all of the following standards:
(a) The
			 equipment must trigger an age verification process or the equipment itself must
			 verify the age. In either case, the equipment must indicate to the licensee or
			 employee if the customer is of legal age to purchase alcoholic
			 beverages;
(b) The equipment must
			 have a memory function and must be capable of producing a hard copy printout of
			 the results of any verification transaction within the last seven days, either
			 directly from the equipment or through a computer;
(c) The equipment must be able to perform the
			 age verification function for identification from all states in the United
			 States, via either the equipment reading the identification automatically or
			 manual entry of the information; and
(d) The equipment must have the capacity to
			 be updated or upgraded.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0145 - Clerk Training Courses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 471.341requires an Off-Premises Sales clerk to complete a Commission-approved
			 training course if the clerk sold alcohol to a minor or if the clerk failed to
			 properly verify identification of a person who purchased alcohol. The clerk
			 must complete the training within the time specified in this rule as a
			 condition of continuing to make alcohol sales. Based on 471.030, 471.040, and
			 471.750, the Commission requires a liquor store clerk to complete a
			 Commission-approved training course within the time frames specified in this
			 rule if the clerk sold alcohol to a minor or failed to properly verify
			 identification, and requires a liquor agent to comply with the requirements of
			 this rule if a clerk sold alcohol to a minor or failed to properly verify
			 identification. ORS 471.341requires the Commission to establish timelines for
			 completing the training and to approve all training courses offered for
			 purposes of this rule. This rule establishes notice requirements and times for
			 completing the training, sets standards and approval procedures for training
			 courses, and sets an administrative fee for the expenses incurred by the
			 Commission.
(2) As used in this
			 rule,
(a) "Clerk," "Off-Premises Sales
			 clerk," "liquor store clerk," or "employee" means an Off-Premises Sales or
			 liquor store employee, corporate officer, manager, or any other person whose
			 job includes selling packaged alcohol, but does not include an individual named
			 on the license or on the liquor agent contract;
(b) "Alcohol" means alcoholic
			 beverages;
(c) "Clerk Training
			 Courses," "course," or "approved training course" means a course approved by
			 the Commission for the purposes of ORS
			 471.341.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0150 - Approved Seller Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS 471.410provides that an employee of a
			 liquor licensee or retail sales agent who has sold, given or otherwise made
			 available alcohol to a minor may receive a reduced criminal penalty if the
			 employee either holds a valid Oregon service permit or has completed a
			 Commission-approved training program. This rule sets the standards and
			 procedures the Commission uses when approving seller training programs and
			 clarifies recordkeeping responsibilities.
(2) As used in this rule,
(a) "Approved seller training program" means
			 a program approved by the Commission for the purposes of ORS
			 471.410.
(b) "Seller" means an employee of a liquor
			 licensee or retail sales agent who sells or serves alcohol for on or
			 off-premises consumption.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 9 - SERVICE PERMITS › Section 845-009-0200 - Uniform Standards for Minor Decoy Operations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
			 ORS 471.346 directs the Oregon
			 Liquor and Cannabis Commission to develop, through rulemaking, uniform
			 standards for minor decoy operations used to investigate
			 licensees
,
permittees
,
and agents appointed by the
			 commission, third-party facilitators and persons delivering alcoholic beverages
			 to final consumers in this state for violations of the laws of this state
			 prohibiting sales and deliveries of alcoholic beverages. It is the Oregon
			 Liquor and Cannabis Commission's intention that decoy operations are to be an
			 impartial test of a licensee, third-party delivery facilitator permittee or
			 agent's ability and willingness to obey laws on preventing sale or service of
			 alcoholic beverages to minors.
(2)
			 Uniform standards for minors used in minor decoy operations:
(a) The minor must be under 21 years of age;
			 and
(b) The minor may not use false
			 identification; and
(c) The minor
			 must look under the age of 26 years; and
(d) The minor may not lie about their age,
			 except as necessary to create an online order through a third-party delivery
			 facilitator permittee's portal or website when the commission performs a minor
			 decoy operation.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0151 - Deduction of Privilege Tax After Destruction of Defective Product

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A wholesaler
			 may claim a deduction for the privilege tax paid on defective malt beverage or
			 wine after the wholesaler has destroyed the defective product. To claim the
			 deduction, the wholesaler:
(a) Destroys the
			 defective product as indicated;
(b)
			 Sends a Bad Order Claim (Form 434) and an Affidavit of Destruction to the
			 Commission;
(c) Receives the
			 Commission's written approval of the claim;
(d) Completes Schedule V -- Authorized
			 Deductions; and
(e) Sends the
			 completed form and the Bad Order Claim approval letter to the Commission with
			 the monthly privilege tax report.
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0166 - Territorial Agreements for the Wholesale Sale of Malt Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission interprets ORS
				474.115 as follows:
(1) Only one wholesaler may distribute a
			 brand of malt beverage in a designated territory.
(2) When an importer contracts with a
			 wholesaler for exclusive distribution, the importer must give the Commission
			 copies of both its agreement with the wholesaler and its agreement with the
			 manufacturer that documents its authority to designate a wholesaler. The
			 Commission will not allow the wholesaler to post prices without both
			 agreements.
(3) The Commission will
			 accept a filing for a change in an exclusive territorial designation whenever
			 the manufacturer executes and files a notice of change and an affidavit that
			 the level of service will not be affected. This applies even when the existing
			 agreement is between an importer and a wholesaler. When the Commission receives
			 the notice, manufacturer's affidavit, and territorial agreement, the new
			 agreement automatically supercedes any previous agreements.
(4) The manufacturer may base the affidavit
			 on information received from the wholesaler.
(5) "Level of service will not be affected"
			 means that the new wholesaler will comply with all quality control standards
			 and services as required in ORS
			 474.115, and will service all
			 retail licensees within the designated territory who want to sell the
			 product.
(6) The Commission's only
			 responsibilities under ORS
			 474.115 are to accept and file
			 notices, affidavits, and territorial agreements a manufacturer
			 submits.
Stat. Auth.: ORS 471, including ORS
				  471.030, ORS
				  471.730(1) &
				  (5)
Stats. Implemented: ORS
				  474.115
Oregon Administrative Rules › Chapter 845 - OREGON LIQUOR AND CANNABIS COMMISSION › Division 10 - MANUFACTURERS; WHOLESALERS; IMPORTERS › Section 845-010-0170 - Maintaining Records: Manufacturers, Wholesalers, Importers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 requires every manufacturer, wholesaler, or importer of wine or malt beverages,
			 including wineries and brewery public houses, to keep certain records so the
			 Commission can assure appropriate privilege tax payment and compliance with
			 financial assistance laws.
(2) A
			 manufacturer, wholesaler or importer must keep a record of:
(a) Wine and malt beverage purchases,
			 including:
(A) Sources of purchases and dates
			 received in units by brand and container size;
(B) A classification of dollar amounts as
			 cash or credit;
(C) A record of
			 subsequent account payments; and
(D) An indication of whether the percent of
			 alcohol by volume is under or over 14 percent on wine.