Or. Admin. Code § 845-005-0451

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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.

Or. Admin. Code § 845-005-0451

OLCC 9-2023, temporary adopt filed 12/18/2023, effective 1/2/2024 through 6/28/2024; OLCC 7-2024, adopt filed 06/21/2024, effective 6/28/2024

Statutory/Other Authority: ORS 471.030, 471.040 & 471.730 (1) & (5)

Statutes/Other Implemented: ORS 471.282 & 471.527