Or. Admin. R. 845-009-0150 - Approved Seller Training Programs
(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.
(3) Program Approval Standards and Process. A
licensee or liquor agent may offer a Commission-approved seller training
program to its employees. The licensee or agent may apply for Commission
approval of their own program or use a Commission-approved seller training
program from another source.
(a) To obtain
Commission approval of a seller training program an applicant must:
(A) Submit a completed application packet
provided by the Commission;
(B)
Have a program that meets the Commission's Clerk Training Course Minimum
Standards (published December 21, 1999, and available at the Commission's main
office at 9079 SE McLoughlin, Portland, OR);
(C) Explain in writing how the program will
provide written certification of program completion to each seller who
completes the training program.
(b) Commission staff will review the
application, and will:
(A) Approve a seller
training program that meets the requirements in Section (3)(a) of this rule.
The Commission will notify the applicant in writing if the Commission approves
the course; or
(B) Return an
incomplete application or one that does not meet the requirements of Section
(3)(a).
(c) At its
discretion, the Commission may periodically conduct a review of a
Commission-approved training program to ensure it still meets the Commission's
Clerk Training Course Minimum Standards. To conduct the review, the Commission
may ask an approved program to submit copies of all current materials used in
the program. If a training program is found to fall below minimum standards
then program approval may be withdrawn.
(4) Record Keeping.
(a) The liquor licensee or retail sales agent
should provide written certification of program completion to each seller who
completes their Commission-approved seller training program.
(b) It is the seller's responsibility to
verify that a training program, whether offered by their employer or from
another source, has been Commission-approved, and they may do so by contacting
the Commission.
(c) It is the
seller (employee of the liquor licensee or retail sales agent) who is
responsible for keeping their own records regarding completion of an approved
training program. The seller should take these records with them from one
employer to the next. It will be up to the seller to provide such records in
order to receive the reduced criminal penalty available under ORS
471.410.
Notes
Stat. Auth.: ORS 471, including 471.030, 471.040 & 471.730(1) & (5)
Stats. Implemented: ORS 471.410
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