Or. Admin. Code § 845-005-0451 - Alcohol Delivery Training Program and Certification of Completion
(1) At minimum, an alcohol delivery training
program shall include training on the following:
(a) Forms of identification required by ORS
471.130 and Commission rule and
methods for identifying, inspecting, accepting or rejecting
identification;
(b) Signs of
visible intoxication and methods for recognizing these signs and guidance and
direction on how to refuse to deliver alcoholic beverages to a final consumer;
and
(c) Rules adopted by the
Commission relating to the delivery of alcoholic beverages to a final consumer
that the Commission requires to be included in alcohol delivery training
programs.
(2) An alcohol
delivery training program to train delivery persons, third-party delivery
facilitator permittees, and other parties must be preapproved by the
Commission.
(3) The Commission may
refuse to approve an alcohol delivery training program if the Commission
determines that the program does not meet the minimum requirements of
subsections (1)(a)-(c) of this rule.
(4) To receive Commission approval of an
alcohol delivery training program, a person must submit a training program that
meets the requirements of subsections (1)(a)-(c) and a $250 fee to the
Commission. A third-party delivery facilitator permittee must resubmit an
alcohol delivery training program to the Commission for approval every five
years. Upon notification by the Commission, a permittee must update, in a time
period designated by the Commission, any approved training program to reflect
new or changed statutes or any rules adopted by the Commission relating to the
delivery of alcoholic beverages to a final consumer that the Commission
requires to be included in alcohol delivery training programs.
(5) A third-party delivery facilitator
permittee who provides an alcohol delivery training program to delivery
persons, or another party who is under contract with a third-party delivery
facilitator permittee to provide an alcohol delivery training program to
delivery persons, must issue a certificate of completion to a delivery person
who has successfully completed the training program and who meets the minimum
standards and criteria for a delivery person.
(6) A third-party delivery facilitator
permittee must retain information on delivery persons who have been provided an
alcohol delivery training program and been issued a certificate of completion
by the third-party delivery facilitator permittee, or another party who is
under contract with the permittee to provide the alcohol delivery training
program.
(a) The information to be retained
under this subsection must include a copy of the certificate of completion,
with the name of the delivery person who successfully completed the training,
the date the delivery person successfully completed the training, the name of
the third-party delivery facilitator permittee, and if applicable, the name of
the party under contract with a third-party delivery facilitator who provided
the training program; and
(b) A
third-party delivery facilitator permittee must allow the Commission upon
request to audit the third-party delivery facilitator, or another party with
whom the third-party delivery facilitator has contracted to provide alcohol
delivery training, records which are directly related to alcohol delivery
training program requirements to delivery persons and shall make those records
available to the Commission in Oregon. The permittee must make these records
available to the Commission no later than 14 days after the Commission sends
notice to the third-party delivery facilitator permittee.
(7) The first violation of this rule by a
third-party delivery facilitator permittee is subject to a $500 civil penalty
per violation. Any subsequent violations within two years of a prior violation
will be subject to increasing penalty amounts of a minimum increase of $100
more than the prior civil penalty amount and not to exceed $4,000 per
violation.
Notes
Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)
Statutes/Other Implemented: ORS 471.282 & 471.527
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