OAR 845-009-0130: Training Requirements for Employees of Off-Premises Sales Licensees

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. (b) If the employee will sell alcohol in factory-sealed containers for off-premises consumption and may also dispense alcohol into securely covered containers provided by the consumer for off-premises consumption, the licensee must: (A) Verify that the employee has a valid service permit; or (B) Verify that the employee has submitted a valid service permit application. (c) If the employee will only dispense alcohol into securely covered containers provided by the consumer for off-premises consumption, the licensee must: (A) Verify that the employee has a valid service permit; or (B) Verify that the employee has submitted a valid service permit application. (3) Training Options. The selected training option must meet the following requirements: (a) Commission-Approved Training Option. The licensee must verify that the employee has satisfactorily completed a Commission-approved alcohol server education course at the licensee’s or employee’s expense, or, upon request, the Commission will provide the licensee with complementary training materials that satisfy the training requirement (e.g., a printed training brochure or a training video) and the licensee must ensure that the employee reads or views these materials. (b) Licensee-Provided Training Option. In lieu of the Commission-approved training option, the licensee may develop and present its own training program. At minimum, the program must clearly communicate the information contained in the Commission-approved training option materials, which include: Why it is important to avoid selling alcohol to minors and visibly intoxicated persons; How to recognize minors and visibly intoxicated persons; How to check identification; and How to refuse to sell alcohol to minors or visibly intoxicated persons. (c) Service Permit Training Option. In lieu of the Commission-approved training option and the licensee-provided training option, the licensee may verify that the employee has a valid service permit. (An indorsed application does not satisfy the requirements of this training option.) (4) Training Records. For each training option, the licensee must retain the following training records and make these records immediately available for inspection upon request by a Commission employee: (a) Commission-Approved Training Option. If the licensee selected the Commission-approved training option, the licensee must retain a written record of the date and type of training that the employee completed for the duration of his or her employment. (b) Licensee-Provided Training Option. If the licensee selected the licensee-provided training option, the licensee must retain a written record of the date and type of training that the employee completed for the duration of his or her employment. (c) Service Permit Training Option. If the licensee selected the service permit training option, the licensee must retain a copy of the employee’s valid service permit or a written record of the information printed on that card for the duration of his or her employment. (d) Employee List. If the original records described in subsections (4)(a), (4)(b) or (4)(c) of this rule are not maintained on the licensed premises, the licensee must maintain a current list of employees on the licensed premises and this list must include the following information: The name of each employee who sells alcoholic beverages for off-premises consumption; The training option selected for each employee; The date the training option was completed; and the date the employee began selling alcoholic beverages. (5) Violation of this rule is a Category IV violation.