(2) A person applying for issuance or renewal of a license that authorizes the sale or service of alcoholic beverages for consumption on the premises need not complete an approved alcohol server education course and examination as a condition of the issuance or renewal of the license if:
(a) The license has been restricted by the commission to prohibit sale or service of alcoholic beverages for consumption on the premises; or
(b) The person applying for issuance or renewal of the license submits a sworn statement to the commission stating that the person will not engage in sale or service of alcoholic beverages for consumption on the premises, will not directly supervise or manage persons who sell or serve alcoholic beverages on the premises, and will not participate in establishing policies governing the sale or service of alcoholic beverages on the premises.
(3) The commission by rule shall establish requirements that licensees and permittees must comply with as a condition of requalifying for a license or permit. The licensee or permittee must comply with those requirements once every five years after completing the initial alcohol server education course and examination. The requirements established by the commission to requalify for a license may include retaking the alcohol server education course and examination. The requirements established by the commission to requalify for a service permit shall include retaking the alcohol server education course and examination.
(4) The commission may extend the time periods established by this section upon a showing of hardship. The commission by rule may exempt a licensee from the requirements of this section if the licensee does not participate in the management of the business.
(5) The standards and curriculum of alcohol server education courses shall include but not be limited to the following:
(a) Alcohol as a drug and its effects on the body and behavior, especially driving ability.
(b) Effects of alcohol in combination with commonly used legal, prescription or nonprescription, drugs and illegal drugs.
(c) Recognizing the problem drinker and community treatment programs and agencies.
(d) State alcohol beverage laws such as prohibition of sale to minors and sale to intoxicated persons, sale for on-premises or off-premises consumption, hours of operation and penalties for violation of the laws.
(e) Drunk driving laws and liquor liability statutes.
(f) Intervention with the problem customer, including ways to cut off service, ways to deal with the belligerent customer and alternative means of transportation to get the customer safely home.
(g) Advertising and marketing for safe and responsible drinking patterns and standard operating procedures for dealing with customers.
(6) The commission shall adopt rules to impose reasonable fees for administrative costs on alcohol server education course instructors and providers.
(7) The commission shall provide alcohol server education courses and examinations through independent contractors, private persons or private or public schools certified by the commission. The commission shall adopt rules governing the manner in which alcohol server education courses and examinations are made available to persons required to take the course. In adopting rules under this subsection, the commission shall consider alternative means of providing courses, including but not limited to providing courses through audiotapes, videotapes, the Internet and other electronic media. [1985 c.658 §§2,3; 1987 c.851 §3; 1989 c.120 §6; 1989 c.178 §7; 1989 c.271 §1; 1997 c.803 §7; 1999 c.351 §36; 1999 c.1062 §8; 2001 c.785 §16; 2009 c.350 §4; 2011 c.9 §65; 2019 c.676 §2; 2021 c.351 §115]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 471 - Alcoholic Liquors Generally
Section 471.001 - Definitions for ORS chapters 471 and 473.
Section 471.030 - Purpose of Liquor Control Act.
Section 471.037 - Homemade beer, wine and fermented fruit juice exemption from liquor laws.
Section 471.038 - Nonbeverage food products.
Section 471.039 - Certain cruise ships exempt from liquor laws.
Section 471.040 - General powers and duties of the commission; rules; delegation.
Section 471.130 - Requiring statement of age or identification from certain purchasers.
Section 471.135 - False statement of age; statement of age as defense.
Section 471.155 - Commission’s licensing duties; bonds.
Section 471.159 - Enclosure of licensed premises.
Section 471.162 - Exemptions from license requirement.
Section 471.166 - Local government recommendations on license issuance and renewal; rules; fees.
Section 471.168 - Certain licensees required to maintain liquor liability insurance or bond; rules.
Section 471.175 - Full on-premises sales license.
Section 471.178 - Limited on-premises sales license.
Section 471.186 - Off-premises sales license; deliveries to retail customers; rules.
Section 471.190 - Temporary sales license; rules.
Section 471.200 - Brewery-public house license; rules.
Section 471.221 - Brewery license; rules.
Section 471.223 - Winery license.
Section 471.227 - Grower sales privilege license.
Section 471.230 - Distillery license.
Section 471.235 - Wholesale malt beverage and wine license.
Section 471.242 - Warehouse license.
Section 471.251 - Certificates of approval for distilled liquor; rules.
Section 471.268 - Homemade malt beverages and wines at licensed premises.
Section 471.271 - Requirement to report sex trafficking at licensed premises; rules.
Section 471.272 - Manner of shipping or transporting wine or cider.
Section 471.274 - Wine self-distribution permit.
Section 471.282 - Direct shipper permit; fees.
Section 471.292 - Characteristics of license.
Section 471.294 - License terms; licenses issued for less than year; determination of fees.
Section 471.297 - Temporary letter of authority on change of ownership; revocation.
Section 471.311 - Application for license; rules; fees.
Section 471.313 - Grounds for refusing to issue license or for issuing restricted license.
Section 471.318 - Commission authority following lapse, suspension or revocation.
Section 471.333 - Effect of sanitation violations.
Section 471.344 - Responsible vendor program; rules.
Section 471.346 - Uniform standards for minor decoy operations; rules.
Section 471.351 - Examination of books and premises of licensees.
Section 471.360 - Service permit required; waiver; penalty.
Section 471.365 - Characteristics of permit; verification of identity of permittee.
Section 471.375 - Application; requirements; fee.
Section 471.380 - Grounds for refusing to issue permit; request for hearing.
Section 471.392 - Definitions for ORS 471.392 to 471.400.
Section 471.396 - Exceptions to prohibition on financial connection between wholesaler and retailer.
Section 471.398 - Prohibition of financial assistance from wholesaler to retailer.
Section 471.400 - Exceptions to prohibition of financial assistance; rules.
Section 471.401 - Purchase of alcoholic liquor advertising space or time from retail licensee.
Section 471.402 - Sample tastings authorized.
Section 471.403 - License required to produce alcoholic liquor; exception.
Section 471.404 - Importing liquor without license prohibited; exceptions; fee.
Section 471.406 - Activities covered by prohibitions on sale of alcoholic beverages.
Section 471.407 - Offer of alcoholic beverages as inducement to make purchases.
Section 471.408 - Alcoholic liquor may not be given as prize; exception.
Section 471.434 - Immunity for violation of ORS 471.430 when reporting sexual assault crime.
Section 471.442 - Wine compliance with standards.
Section 471.445 - Use of misleading mark or label on container; mixing liquors.
Section 471.473 - Liquor store business loss compensation.
Section 471.506 - Petition and election for local option.
Section 471.542 - Alcohol server education course and examination; exemption; fees; rules.
Section 471.547 - Alcohol Server Education Advisory Committee; members; purpose.
Section 471.551 - Warning signs required; contents; size; display.
Section 471.559 - Violations; penalty.
Section 471.561 - Production and distribution of signs.
Section 471.575 - School district culinary arts classes.
Section 471.580 - Education provider food or beverage career programs.
Section 471.635 - Issuance of restraining order.
Section 471.655 - Owner may defend; evidence concerning nuisance.
Section 471.666 - Disposal of seized liquor and of vehicle or other conveyance.
Section 471.700 - Revocation of license on gambling conviction.
Section 471.710 - Removal; prohibited interests of commissioner and employee; rules.
Section 471.715 - Chairperson; meetings; quorum.
Section 471.725 - Buying, leasing, contracting and borrowing powers of commission.
Section 471.730 - Regulatory powers of commission.
Section 471.732 - Policy relating to sanitation in licensed premises.
Section 471.737 - Vermouth sales.
Section 471.747 - Granulated alcohol.
Section 471.750 - Liquor stores and warehouses; operation; sales; advertising; rules.
Section 471.753 - Agent compensation.
Section 471.757 - Statement of financial interest in business of licensee.
Section 471.775 - Service of subpoenas; regulatory specialist authority and prohibitions.
Section 471.802 - Wine label designation of American viticultural area; rules.
Section 471.805 - Disposition of moneys; revolving fund; agent deposits.
Section 471.810 - Distribution of available moneys in Oregon Liquor and Cannabis Commission Account.