This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.  

Oregon’s Governing Liquor Authority

Oregon’s Governing Liquor Authority:

• The State of Oregon’s governing liquor authority is the Oregon Liquor Control Commission referred to as the OLCC.
• The phone number for the OLCC is: 503-872-5000.
• The website for the OLCC is: www.oregon.gov/OLCC/index.shtml.

• Oregon’s Legislature is the body responsible for enacting the state’s alcohol laws referred to as Oregon Revised Statutes (ORS).
• The OLCC interprets the laws and implements the statutes through the Oregon Administrative Rules (OAR).
• Legislative statutes as well as OLCC rules must be followed to be in compliance of the law. 
• Oregon is a control state:

• The state government controls the sale and distribution of packaged distilled spirits.
• Distribution statewide is conducted form a distribution center located in Portland and then sold from 242 retail liquor stores operated by agents contracted by the Commission.

• In 1985, Oregon became the first state in the country to require training for all servers of alcohol by adopting the Alcohol Server Education Program. (The hospitality industry introduced the idea.)
• Inspectors of the OLCC are responsible for monitoring the sale and service of alcohol within the state and have the authority to:
  • Inspect a licensed establishment any time it is open to the general public.
  • Inspect a licensed establishment after hours if they believe that a violation of Oregon’s liquor laws is taking place.
  • Issue administrative tickets to licensees, servers and customers.
  • Issue criminal citations to licensees, servers and customers.
• Licensees are expected to allow inspections by local law enforcement and OLCC employees. Licensees may not try to delay entry of inspectors or police officers. Inspectors and police officers are required to identify themselves and ask to enter the premises to conduct a reasonable search.
• Should an employee of the OLCC ask a licensee or the employee of a licensee to call the police, then that person is required to do so right away.
• The OLCC considers major liquor law violations to include the following:

o        Serving or selling alcohol to a minor.

o        Serving or selling alcohol to a visibly intoxicated person or VIP.

o        Service of alcohol by an employee who does not have a permit.

o        Disorderly establishment.

• The OLCC may suspend or revoke a license or service permit and fine the licensee or permittee accordingly for the first major violation:

o        Server/Permittee: 10-day suspension and/or a $250.00 fine.

o        Licensee: 10-day suspension and/or a $1,650.00 fine.

• The OLCC may impose stiffer penalties for any additional violations. 
• A licensee or permittee has the right to request a hearing to contest any charges brought against them.

Liquor License and Alcohol Beverage Laws for the State of Oregon

Oregon’s Liquor Control Board requires:

• Licensees to uphold all the liquor laws for the state of Oregon.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.
• Managers and all employees who sell, mix and/or serve alcohol for on-premises consumption to obtain a service permit. Any individual who obtains a service permit is referred to as a “Service Permittee.” Any individual between the ages of 18-20 who obtains a service permit is referred to as a “Minor Service Permittee.” Those licensees who have their alcohol license issued in their personal name are not required to obtain a service permit but may be required to take a server education course. If the licensee is a corporation or other legal entity, a designated representative must take the server education course.
• Service permits to be available for immediate inspection by an OLCC employee or law enforcement officer.
• Licensees who operate under full on-premises licenses to have food available during all the service hours of alcohol. Additionally, it is unlawful to discourage a person from ordering food at one of these licensed establishments. The specific requirement depends on the exact type of establishment:

o        Commercial establishments that are open to the general public such as restaurants, nightclubs and bars must have five different food items available at all times that are of a substantial size. Must offer a dinner service for a minimum of three hours with at least five different menu options.

o        Private Clubs such as veterans and fraternal organizations must have three different food items that were prepared on the premises available at all times that are of a substantial size.

• Licensees and their employees who serve or sell alcohol, check IDs or control the conduct of customers on the premises as well as any managers of such employees are prohibited from consuming alcohol or other intoxicants while on duty. On duty refers to the period of time when a shift starts until the end of the shift including any meal or break periods. Additionally, a server may not have a drink at the end of their shift if it is after hours and/or the establishment is closed to the general public. If the employee is allowed a “shift drink” then consumption may not occur:

o        While the employee is on duty or about to go on duty.

o        During the employee’s break.

o        When the establishment is closed to the general public.

o        Outside of the service hours for alcohol.    

• Retail licensees to post a sign in a visible location stating the dangers of consuming alcohol by pregnant women.
• Licensees to make a serious effort at monitoring the activities that take place at their establishments. This includes making an effort to prevent criminal activity by their employees and if they suspect any criminal activity then they must take immediate corrective steps. A licensee or permittee may face fines or suspension if they were aware of criminal activities by their co-workers and failed to report it or take steps to stop it.
• Licensees and permittees to not allow unlawful activity either on the premises or in areas around the premises such as the parking lot. Unlawful activity includes prostitution, the use or sale of illegal drugs and illegal gambling. (Some forms of gambling are allowed. The licensee should check with the local district attorney’s office.)
• Licensees and permittees to not allow their customers to engage in noisy, lewd or disorderly activities either on the premises or in areas around the premises such as the parking lot. Licensees and permittees may be held responsible for any disturbances caused by their customers if the disturbance was related to the sale or service of alcohol. The licensee may be fined or receive a sanction for repeated disturbances. Disturbances may include:

o        Noise that is excessive.

o        Public drunkenness.

o        Fights.

o        Litter that is alcohol related.

o        Sales of illegal drugs.

o        Trespassing on private property near the licensed establishment.

o        Urinating in public.

• Licensees and permittees must never:

o        Conceal, remove, alter, damage or destroy evidence of illegal activities.

o        Attempt to conceal, remove, alter, damage or destroy evidence of illegal activities.

o        Refuse to turn over such evidence to an OLCC employee or to police when requested.

o        Engage another person in any of the above activities.

The following are the general service hours for alcoholic beverages in the state of Oregon (local ordinances should always be consulted):

• Licensees may sell and service alcohol while open to the general public from 7am to 2:30am. Consumption may only take place between the hours of  7am and 2:30am as well.
• Should a licensee wish to close the whole establishment for a private party, they must first notify the OLCC.

With regard to service permits, licensees have the responsibility to:

• Verify that their alcohol servers either have a service permit or are in the process of obtaining one.
• Verify the identity and the age of the individual presenting the permit or application.
• Have the individual who doesn’t have a permit, fill out an application before being allowed to work. The application must be mailed to the OLCC by the end of the next business day. Additionally a server education course must be completed with 45 days of employment.

Under Oregon’s Alcohol Laws:

• It is unlawful to serve alcohol to a visibly intoxicated person (referred to as a VIP) or to allow a visibly intoxicated person to continue to consume alcohol. Intoxication can result from alcohol, drugs or a combination of alcohol and drugs. However, the VIP is allowed to remain on the premises so long as they do not consume any additional alcohol or have any alcoholic drinks in front of them.
• It is unlawful to allow the use of illegal drugs on the premises of a licensed establishment.

• The only kind of alcohol that is allowed in a licensed establishment is the kind that is permitted under the license. For example: a beer and wine licensee may not have any hard alcohol on their premises. Customers are not allowed to bring any alcohol into a licensed establishment that is not allowed. However, a beer and wine licensee may allow a customer to bring in their own bottle of wine so long as the alcohol content does not exceed 21 percent. The licensee and/or service permittee must be involved in the service of the wine. They may meet this requirement by opening the bottle of wine and pouring the first glass. The customer may pour any additional glass of wine from that bottle. It is important to note that only servers may pour hard alcohol.
• Alcohol may never be given as a prize. However, under certain restrictions a charitable, non-profit, fraternal or religious organization may conduct a raffle or give alcohol as prize. The OLCC should be contacted for specific conditions.

A hotel or arena may offer in-room supplies of alcohol (generally through a mini-bar) under their Full or Limited On-Premises Sales License.  Approval and written authorization must be granted by the OLCC. Arenas have a more complicated set of conditions to be met before they may offer such service. The OLCC should be contacted regarding those conditions. Hotels that offer mini-bars must abide by the following conditions:

• Mini-bars must be locked at all times.
• Only a service permittee may provide a key for the mini-bar to a hotel guests. (Or those employees who are similarly trained.)
• Mini-bar keys may not be given to those guests accompanied by minors who are not their children.
• Mini-bar keys may not be given to VIPs.
• Mini-bar keys may not be given to minors.
• Only employees who are at least 18 years old may restock mini-bars.
• Immediate restocking of a mini-bar upon a guest’s request may only be done by a service permittee. Restocking may not take place if:

o        VIPs are present in the room.

o        Minors (who are not with a parent) are present in the room.

o        Between the hours of 2am and 7am.

o        The amount of alcohol is excessive for the number of people in the room to consume by 2:30am.

• There may not be more than 30 containers of alcohol in the min-bar.
• The containers may not hold more than 50 milliliters of distilled spirits, 12 ounces of malt beverages or 370 milliliters of wine or cider.
• A sign must be on the min-bar stating that:

o        Minors may not consume any alcohol.

o        VIPs may not consume any alcohol.

o        Alcohol may not be removed from the premises.

o        Consumption of alcohol may not take place between the hours of 2:30am and 7am.

• Snacks must also be offered in the mini-bar at all times that alcohol may be accessed.

Good Faith Effort law:

• Servers are required to make a good faith effort to remove alcoholic drinks from a visibly intoxicated person (VIP). Additionally, servers may not “knowingly allow” a VIP to consume alcohol.

·         A good faith effort is made when a server actually removes or tries to remove the alcoholic drink from the possession of the VIP. The server may physically remove the drink or verbally request that the drink be handed over; whichever technique seems best in the given situation. Servers are not required to give a verbal warning before removing the alcoholic drink.

Intoxication defined under Oregon’s alcohol laws:

• Intoxication: the condition of physical and mental impairment resulting from consumption of alcohol or other drugs, legal or illegal.
• Visible intoxication: intoxication that others can observe. The standard used by alcohol servers to determine if a customer is intoxicated. (BAC is the legal standard used by the courts.)

Driving, BAC, DUII and open containers:            

·         In Oregon, it is illegal to drive a motor vehicle or operate a boat under the influence of intoxicants (alcohol and/or illegal drugs) referred to as DUII. A person is guilty of DUII if they have a BAC of 0.08 or higher. An individual can still be found guilty of DUII even if their BAC is less than .08 percent.

·         Commercial truck drivers are guilty of DUII if their BAC is found to be .04 or higher and their driver’s license will be suspended for one year for the first violation. There will be a lifetime suspension for any subsequent violations. Refusing to submit to a BAC test will result in the suspension of their driver’s license for three years. 

·         Automatic suspension: The driver’s license of any individual arrested for DUII (when the person’s BAC is .08 or higher) is automatically suspended for a minimum of 90 days for the first violation and up to one year for any subsequent violations. There is a 30-day waiting period to apply for a hardship permit when it is the first violation. No hardship permits are permitted for repeat violations.

·         By operating a motor vehicle or a boat in the state of Oregon, it is implied that a person consents to a BAC test when requested by law enforcement. Tests may only be administered after a person is arrested on suspicion of DUII. Tests include:

o        Breath.

o        Urine.

o        Blood – usually drawn at a hospital if the driver is involved in an accident.

·         Should a person refuse to submit to a BAC test, they will have their driver’s license suspended for a minimum of one year for the first violation and up to three years on any subsequent violations. There is a 90-day waiting period to apply for a hardship permit when it is the first violation and a one-year waiting period on any subsequent violations.

·         Local law enforcement notifies the OLCC whenever there is a crash that involves an intoxicated driver who had been drinking in a licensed establishment. The OLCC then notifies the establishment in case they need to prepare a defense if a third party liability lawsuit is filed. Under this law package stores will also be notified and hosts of private parties will be notified directly. Notification is given whenever there is an alcohol-related crash and any one of the following conditions results:

o        Property damage occurs.

o        An individual is injured (other than the intoxicated driver).

o        The intoxicated driver is cited by police or could have been if the driver is dead.

·         It is illegal to consume alcohol or to have an open container in a motor vehicle. Penalty is a maximum fine of $250.00. Open containers of alcohol should be stored in the trunk or in an area not occupied by anyone.

·         When a customer leaves an establishment with a partially consumed bottle of wine (under those circumstances when it is allowed), the server is under a professional duty:

o        To remind the customer about the Open Container Law.

o        To recommend that the customer place the bottle of wine in the trunk. If there isn’t a trunk, then the bottle should be placed in an area that is out of reach (or is the farthest away) to the driver and the passengers.

o        To recommend that the bottle be placed in bag that is stapled shut.

Being convicted of a DUII while operating a motor vehicle carries the following possible penalties:

• A fine:

o        First conviction: a minimum fine of $1,000.00.

o        Second conviction: a minimum fine of $1,500.00.

o        Third conviction: a minimum fine of $2,000.00.

o        The maximum fine allowed is $5,000.00.

·         Payment of court costs and assessment of drug dependency.

·         Contribution to a fund such as the Victims Fund or Intoxicated Driver Program Fund.

·         80-250 hours of community service for the first conviction.

·         Minimum of two days imprisonment for the first conviction.

·         Submit to an alcohol or drug dependency evaluation.

·         Participate in a treatment or rehabilitation program that they pay for.

·         Suspension of driver’s license – 1 year for the first conviction and 3 years for any subsequent convictions. There is no waiting period to apply for a hardship permit when it is the first conviction. No hardship permits are permitted for subsequent convictions.

Being convicted of a DUII while operating a boat carries the following possible penalties:

• A fine up to $2,500.00.

·         Up to 6 months imprisonment.

·         Mandatory participation in a boating safety class.

·         Prohibited from operating a boat for one year.

·         Cancellation of registration, license, certificates of title and numbering which are required to legally operate a boat in Oregon for a period of one year for the first conviction. If the person refused to submit to a BAC test then the cancellation will remain in effect for three years. During this time, no one may operate the boat and the boat cannot be sold. 

Incident logs:

·         An incident log should be used as a written record of the following events:            

o        Refusal of alcohol service to a VIP or a minor.

o        Confiscation of a false ID.

o        Fights.

o        Any incident where local law enforcement was called in.

·          Incident logs provide documentation in the case of lawsuits.

·         The information that should be included in the log is:

o        Date of the incident.

o        Time of day of the incident.

o        The name and address of any individuals involved – customers, employees and witnesses.

o        License plate number of any vehicle involved.

o        Description of events that took place before, during and after the incident.

·         Incidents logs should be regularly updated even if there aren’t any incidents and should be kept on file for at least two years.

Types of Liquor Licenses Issued in the State of Oregon

Full On-Premises Sales or F License:

·         Examples of establishments that are issued this type of license include:            

o        Fine dining restaurants.

o        Family or neighborhood restaurants.

o        Nightclubs.

o        Hotels.

o        Private Clubs.

• Licensees that hold this type of license may sell and serve beer, wine, hard alcohol and cider by the glass for consumption on the premises.
• Licensees may not sell any alcohol “to go” unless the establishment also holds an off-premises sales license. Exceptions to this rule are:

o        Customers are allowed to take their partially consumed bottle of wine with them when they leave the establishment if the wine was served in conjunction with their meal. (This is only allowed if the customer is not a minor or showing signs of visible intoxication.)

o        Customers are allowed to purchase beer for off-premises consumption if they provide their own containers (referred to as growlers) that can be securely covered. Customers may not purchase more than 2 gallons.

• Licensees may employ minors who hold minor service permits.
• During the hours when alcohol is sold, food must always be available.
• This type of license may be used at catered or temporary events if notice is given to the OLCC and approval is granted. Strict conditions may apply.

Limited On-Premises Sales or L License:

·         Examples of establishments that are issued this type of license include:            

o        Family restaurants.

o        Cafes.

o        Pizza Parlors.

o        Delis.

o        Taverns.

• Licensees that hold this type of license may sell and serve beer, wine and cider by the glass for consumption on the premises. No sales of hard alcohol are allowed.
• Licensees may not sell any alcohol “to go” unless the establishment also holds an off-premises sales license. Exceptions to this rule are:

o        Customers are allowed to take their partially consumed bottle of wine with them when they leave the establishment if the wine was served in conjunction with their meal. (This is only allowed if the customer is not a minor or showing signs of visible intoxication.)

o        Customers are allowed to purchase beer for off-premises consumption if they provide their own containers (referred to as growlers) that can be securely covered. Customers may not purchase more than 2 gallons.

o        Customers may purchase 7 or more gallons of beer in factory-sealed kegs.

• Licensees may employ minors who hold minor service permits.
• There is no requirement to offer food during the hours when alcohol is sold.
• This type of license may be used at catered or temporary events if notice is given to the OLCC and approval is granted. Strict conditions may apply.

Brewery-Public House or BP License:

·         This type of license is issued to those establishments that manufacture and sell beer (malt beverages up to 14% alcohol). They may also sell wine and cider (up to 21% alcohol). Consumption may take place on or off the premises.

• Licensees may sell alcohol “to go” in the following ways:

o        Customers are allowed to purchase malt beverages for off-premises consumption if they provide their own containers (referred to as growlers) that can be securely covered.

o        Customers may purchase packaged beer, wine or cider in factory-sealed containers such as kegs.

• Licensees may employ minors who hold minor service permits.
• There is no requirement to offer food during the hours when beer, wine and cider are sold.
• Licensees may be allowed to offer same-day or next-day delivery of beer and wine if approved by the OLCC. Strict conditions may apply.

Winery or WY License:

·         This type of license is issued to wineries that manufacture and sell wine and cider at wholesale prices. They may also sell wine, cider and malt beverages at retail prices. Consumption may take place on or off the premises.

• Licensees may sell alcohol “to go” in the following ways:

o        Customers are allowed to purchase malt beverages for off-premises consumption if they provide their own containers (referred to as growlers) that can be securely covered.

o        Customers may purchase packaged beer, wine or cider in factory-sealed containers such as kegs.

• All employees who serve alcohol for consumption on the premises or at special events such as wine tastings (either on or off premises) must have a service permit. Those employees who take wholesale orders or sell retail alcohol for off premises consumption are not required to have a service permit.
• Licensees may employ minors who hold minor service permits.
• There is no requirement to offer food during the hours when wine, cider and beer are sold.
• Licensees may be allowed to offer same-day or next-day delivery of beer and wine if approved by the OLCC. Strict conditions may apply.

Off-Premises Sales or O License:

·         Examples of establishments that are issued this type of license include:            

o        Supermarkets.

o        Grocery Stores.

o        Convenience Stores.

• Licensees that hold this type of license may sell beer, wine and cider in factory-sealed containers for off-premises consumption only. There is no on-premises consumption allowed.
• All employees who sell alcohol must be at least 18 years of age and are required to read the OLCC brochure called “What Every Store Clerk Needs to Know About Selling Alcohol.” Employees must sign a confirmation stating that they have read the brochure.
• Licensees, with approval from the OLCC, may offer sample tastings of beer and/or wine. Those employees who serve at the tasting must have a service permit.
• Licensees may be allowed to offer next-day delivery of beer and wine if they have filed the required paperwork with the OLCC.

Statistics on Alcohol

 It has been reported that:

• Nationally, alcohol abuse is the #1 drug problem in the country.

• The leading cause of death among young adults and teenagers is alcohol related crashes.
• The cost to the nation from the misuse of alcohol is approximately $148 billion annually or $17 million per hour.
• In Oregon, alcohol related crashes costs the taxpayers approximately $1 billion annually or more than $100,000.00 per hour.
• In Oregon, 10,000 people are injured and 230 are killed because of drivers who are under the influence of alcohol.

Identification

Under Oregon’s laws:

• It is required that everyone that looks younger than 26 years of age is to be carded as a precaution against serving a minor. The OLCC may fine or suspend a licensee if the following four conditions are present:

o        The customer is a minor.

o        The customer appears to be younger than 26 years of age.

o        The customer’s ID was not checked or was not properly checked by the licensee, server or seller.

o        The customer purchases, consumes or is served alcohol or the customer is in an area that is prohibited to minors.

• If there is any doubt about the validity of an ID or about a person’s age, then that person should not be served alcohol.
• A stand-alone ID is one that gives sufficient proof of a person’s age without the need of any additional documentation.
• An alternative ID is identification that needs supportive documentation. Alternative IDs require the following components:

o        A descriptive piece that provides the person’s name, address, date of birth, physical description or photo and the person’s signature. Some examples include: a federal employee ID card, a resident alien card, college ID card and a concealed weapons permit.

o        A supportive piece that provides additional proof of the person’s identity. Some examples include: checks from a personal bank account and credit cards.

o        A completed OLCC Statement of Age card (form S-146).

• Everyone who looks under the age of 26 and does not have a stand-alone ID must fill out a Statement of Age card (form S-146).  In addition, in order to be served alcohol, a customer must be able to present one piece of descriptive ID and one piece of supportive ID.
• A licensee has the right to set house policy to state that they will only accept stand-alone IDs and do not have to accept alternative IDs.
• All Statement of Age cards should be kept on file for a period of two years.
• It is against the law and punishable by up to one year in prison and a maximum fine of $2,500.00 to:

o        Loan an identification card to another individual.

o        Try to use an identification card that belongs to another individual.

o        Try to use a false identification card.

o        Falsify a statement of age card.

• It is left up to the licensee to decide whether or not to confiscate false IDs but the OLCC does not recommend it. If a false ID is confiscated, it should be turned over to the OLCC, local law enforcement or Oregon’s DMV immediately.

There are 5 types of acceptable forms of identification in Oregon:                     

• Driver’s License (50 states)
• DMV ID Card (50 states)
• Military ID
• Passport
• Alternative ID (optional) – person must provide 2 forms of ID and fill out a Statement of Age card

The following procedures should be followed when filling out a Statement of Age card (form S-146):                    

• The server transfers the information form the descriptive and the supportive documents onto the Statement of Age card.
• The customer signs the card.
• The server compares the signature of the customer on the Statement of Age card to the signatures on the descriptive and supportive IDs/documents presented.
• The server decides if the signatures match and whether or not they will accept the ID as being valid. If the ID is valid, the server returns the IDs/documents to the customer.

Some features that are common to all IDs issued by the state of Oregon include:                     

• The photo of the individual is printed directly on the ID. (Not on top of or under the lamination.)
• The month and day of the individual’s birth date will be used for the month and day of the expiration date of the ID.
• Names and addresses will contain capital letters.
• The order of an individual’s name will always be last name followed by first and middle names.

Oregon’s Laws Regarding Age

Oregon’s laws regarding age:

• A person must be at least 21 years old to purchase and consume alcohol.
• Minors are prohibited from:

o        Attempting to acquire or purchase alcohol.

o        Consuming alcohol.

o        Possessing alcohol.

o        Entering or attempting to enter any licensed establishment that is prohibited to minors. 

• A minor in possession of alcohol will be fined $250.00.
• It is illegal to give, sell or furnish alcohol to a minor and doing so is punishable by:

o        First violation: a minimum fine of $350.00.

o        Second violation: a minimum fine of $1,000.00.

o        Third violation: a minimum fine of $1,000.00 and a minimum of 30 days imprisonment.

o        The maximum penalty allowed is a fine of $2,500.00 and one year imprisonment.

• There are only 2 exceptions that allow consumption of alcohol by a minor.

o        A parent or legal guardian may provide alcohol for his or her own children in their own home.

o        The alcohol is considered sacramental wine that is given as part of a religious ceremony.

·         Zero tolerance policy: the driver’s license of any minor whose BAC is more than .00 will automatically be suspended for a minimum of 90 days. Should the minor refuse to submit to a BAC test, they will have their driver’s license suspended for at least a year.

• Property owners can be held responsible if while present they knowingly allowed underage drinking on their property. The possible penalty is a fine up to $5,000.00 and up to one year in prison. Any items used in conjunction with the underage drinking such as stereo equipment, furniture, refrigerator, etc. may be seized by law enforcement.
• Servers of alcohol must be 21 years of age. An exception is for minor service permittees who may take orders, serve and sell alcohol but only in those areas where minors are allowed and/or during those hours when minors are allowed.

Minor Service Permittees are prohibited from:

• Bar and lounge areas and any other areas of the premises where minors are not allowed. They may not take any food orders or serve alcohol in such areas.
• Performing solely as a cocktail server or bartender.
• Mixing alcoholic drinks.

Minor Service Permittees are allowed to:

• Take orders and serve alcohol in those areas where minors are allowed including lobbies of hotels and dining rooms.
• Pour beer or wine for customers at their tables in those areas where minors are allowed.
• Obtain alcohol from a tap if the tap is in an area where minors are allowed.
• To enter prohibited areas where minors are not allowed to perform specific duties (must leave after duties have been completed), such as:
  • To order or pick up a drink that is intended for customers in non-prohibited areas of the establishment.
  • To restock supplies for the establishment.
  • To set tables.
  • To bus tables.
  • To deliver a food order.

Minors are allowed in prohibited areas of establishments under the following circumstances only:

• They are performing their designated job duties under a minor service permit. Some minors who do not have a minor service permit may still be allowed into a prohibited area (so long as minor customers are allowed in other sections of the establishment) for certain job functions such as to restock supplies, clear tables, set tables and deliver food. Minor employees are only allowed in restricted areas during the service hours when minor customers are allowed in other sections of the establishment. 
• They are with their spouse who is at least 21 years of age. However, the minor may not purchase, possess or consume alcohol. (Licensees may opt to restrict entry as part of their house rules.)
• They are in the restricted area for the consumption of food only during specified meal hours.
• They are hired to work as entertainers and may perform in prohibited areas but when their performance is over they must leave the restricted area or go into a dressing room or break room. If the establishment does not have a break room or dressing room or an area where minors are allowed, then the minor must stay in an OLCC approved area that is alcohol free.
• They are employed as vendors or contractors and are allowed in prohibited areas in order to perform legitimate job duties. Once their business is finished, they must leave the restricted area.

Minors under the age of 18 who are convicted of the possession, use or abuse of alcohol will be punished accordingly:

• First violation: loss of driver’s license for one year.
• Second violation: loss of driver’s license for two years.

If the minor does not possess a driver’s license yet, then they will lose their right to apply for a license for a period of one year or until they reach the age of 17 – whichever is longer.

Third Party Liability for the State of Oregon

Third Party Liability:

• Is a law that permits a victim to bring legal action against a licensee, a server or a social (private) host for injuries and damages that were caused by the actions of a customer that the licensee, server or social host served alcohol to.
• Is applied when a licensee or server breaks the law by service of alcohol to a minor or a visibly intoxicated person (referred to as a VIP).
• Gets its name from the three different parties to the lawsuit:

o        The first party is the licensee and/or server.

o        The second party is the customer.

o        The third party is the victim.

• Is intended to force licensees and servers to take responsibility for their own actions by serving alcohol responsibly. Additionally, licensees are responsible for the actions of their employees.
• Makes it the responsibility of the plaintiff to prove by “clear and convincing” evidence that the customer was visibly intoxicated when he or she was served.

With regard to Third Party Liability, state laws and court decisions hold that:

·         Visible intoxication is at issue and not the person’s BAC.

·         The only issue at stake is whether or not the law was broken when alcohol was served to a minor or VIP. Negligence is not considered.

·         It is commonplace for people to drive to and from drinking establishments.

·         A reasonable person would ask for an ID or be able to recognize an altered or false ID.