OAR 845-009-0145: Clerk Training Courses

(1) ORS 471.341 requires 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 471.341 requires 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. (3) Clerk Responsibilities. If the Commission determines that a clerk sold alcohol to a minor or failed to properly verify identification, the clerk must complete a Commission-approved Clerk Training Course within 45 days of the date the Commission notifies the licensee or liquor agent of the clerk's act. If the clerk does not complete the training within 45 days, the clerk may not continue to sell alcohol. (4) Licensee and Liquor Agent Responsibilities. If the Commission determines that an Off-Premises Sales licensee's employee or a liquor agent's employee sold alcohol to a minor or failed to properly verify identification, the licensee or liquor agent may not allow that employee to sell alcohol if the employee has not completed an approved training course within the required time. (5) Notice and Reporting Requirements. (a) When the Commission determines that a clerk sold alcohol to a minor or failed to properly verify identification, the Commission will notify the licensee or liquor agent in writing that the clerk must complete a Commission-approved training course within 45 days of the notice as a condition of continuing to sell alcohol. (b) When the clerk has completed the required training, the licensee or liquor agent must: (A) Notify the Commission within seven days on a Commission-provided form that the employee has completed the training; (B) Attach a copy of written certification of course completion; and (C) Include a $10 administrative fee. (c) The licensee or liquor agent must notify the Commission using the Commission-provided form if: (A) The clerk does not complete the training; or (B) The clerk is no longer employed by the licensee or liquor agent to sell alcohol. (d) The Commission will put the notification from the licensee or liquor agent in the licensee or liquor agent's Commission file. (6) Administrative Fee. The Commission assesses a $10 administrative fee for each employee who completes an approved Clerk Training Course. (7) Course Approval Standards and Process. A licensee or liquor agent may use a Commission-approved course, or may apply for Commission approval of their own course. (a) For a course to be approved, a Clerk Training Course applicant must: (A) Submit a completed application packet provided by the Commission; (B) Have a course 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 course will provide written certification of course completion to each student who completes the course. (b) Commission staff will review the application, and will: (A) Approve a completed application that meets the requirements in Section (7)(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 (7)(a). (8) Penalties. (a) Violation of Section (3) of this rule is a Category III violation. (b) Violation of Section (4) of this rule is a Category III violation. For a liquor agent, violation of Section (4) may result in a Notice of Violation. (c) Violation of Section (5)(b), (5)(c)(A), or (5)(c)(B) of this rule is a Category IVviolation.