Or. Admin. Code § 845-009-0010

Current through Register Vol. 64, No. 1, January 1, 2025

Section 845-009-0010 - [Effective 3/31/2025] Service Permit Requirements

(1) Who Needs a Service Permit. ORS 471.360 requires a valid service permit for any person employed by a licensee who performs the following duties:

(a) Mixes, sells or serves alcoholic beverages for consumption on licensed premises;

(b) Dispenses malt beverages, wines or cider into securely covered containers provided by the consumer;

(c) Directly supervises persons described in subsection (a) of this rule; or

(d) The individual principals of a licensed legal entity who perform the duties described in subsections (a), (b) or (c) of this rule.

(2) Exceptions. The following persons are not required to have a valid service permit:

(a) An individual named on the license as a licensee;

(b) ORS 471.360(2) allows the Commission to waive the service permit requirement if the licensee's primary business is not the sale or service of alcoholic beverages or food. Under this authority, the Commission waives the service permit requirement for:

(A) Public Passenger Carriers whose primary business is transportation (for example airlines and most trains), but it does not waive the requirement for Public Passenger Carriers whose primary business is touring (for example tour boats in Oregon waters more than 30 days per calendar year and small excursion-type railroads);

(B) The holders of some temporary sales licenses pursuant to OAR 845-005-0440, including employees and volunteers serving alcoholic beverages for a nonprofit or charitable organization with a temporary sales license; and

(C) Licensees serving or providing alcoholic beverages for on-premises consumption at a location that does not have a Commission-issued liquor license and the activity does not require a Commission-issued liquor license.

(3) Authority to Mix, Sell or Serve Based on an Application. ORS 471.375 allows some service permit applicants to begin mixing, selling or serving alcoholic beverages after the applicant completes an official service permit application and transmits the application to the Commission. This authority does not apply to the following applicants:

(a) Any applicant whose service permit application was refused or whose service permit was revoked within three years of the date the Commission received the current application;

(b) Any applicant whose service permit application was refused because he or she failed to complete the required alcohol server education course and/or pass the required exam. To mix, serve or sell alcoholic beverages, the applicant must first complete all server education requirements;

(c) Any applicant whose service permit application was returned under OAR 845-009-0005 Return of Applications; or

(d) Any applicant whose service permit is currently suspended.

Or. Admin. Code § 845-009-0010

OLCC 2-1989, f. 3-1-89, cert. ef. 4-1-89; OLCC 3-1991, f. 3-1-91, cert. ef. 4-1-91; OLCC 19-2000, f. 12-6-00, cert. ef. 1-1-01; OLCC 10-2001(Temp), f. 10-12-01, cert. ef. 11-1-01 thru 4-29-02; OLCC 5-2002, f. 4-12-02, cert. ef. 4-29-02; OLCC 9-2003, f. 6-27-03, cert. ef. 7-1-03; OLCC 10-2004, f. 10-15-04 cert. ef. 11-1-04; OLCC 4-2005, f. 6-7-05, cert. ef. 7-1-05; OLCC 17-2010, f. 12-22-10, cert. ef. 1-1-11; OLCC 3-2013(Temp), f. & cert. ef. 5-10-13 thru 11-6-13; OLCC 9-2013, f. 10-30-13, cert. ef. 11-1-13; OLCC 16-2017, amend filed 12/29/2017, effective 1/1/2018; OLCC 8-2023, amend filed 12/18/2023, effective 1/2/2024; OLCC 13-2024, amend filed 12/20/2024, effective 3/31/2025

Statutory/Other Authority: ORS 471.030, 471.040, 471.190 & 471.730 (1)

Statutes/Other Implemented: ORS 471.190, 471.360, 471.365 (2) & 471.375