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

   1. (a) Mixes, sells or serves alcoholic beverages for consumption on licensed premises;
   2. (b) Dispenses malt beverages, wines or cider into securely covered containers provided by the consumer;
   3. (c) Directly supervises persons described in subsection (a) or (b) of this rule; or
   4. (d) The above-listed requirements also apply to the individual principals of any licensed legal entity who perform the duties described in subsections (a), (b) or (c) of this rule.

2. (2) Exceptions. ORS 471.360(5) allows the Commission to establish conditions under which it may waive the requirement to hold a service permit or temporary service permit. The following persons are not required to have a valid service permit or temporary service permit:

   1. (a) The holders of Public Passenger Carriers licensees and their alcohol servers 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);
   2. (b) The holders of some temporary sales licenses pursuant to OAR 845-005-0440, and their alcohol servers, including employees and volunteers serving alcoholic beverages for a nonprofit or charitable organization with a temporary sales license; and
   3. (c) Persons 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. (3) Temporary Service Permits.

   1. (a) An individual is eligible for a temporary service permit if the individual meets the following conditions:

      1. (A) Submits a completed application and the required application fee in compliance with ORS 471 and Commission rules, including but not limited to OAR 845-009-0005 and OAR 845-009-0010 and is not otherwise ineligible for a temporary service permit under ORS 471 and Commission rules;
      2. (B) Submits applicant's proof of completion of an alcohol server education course;
      3. (C) Submits applicant's proof of having taken and passed the Commission-proctored alcohol server exam;
      4. (D) Has no other pending service permit applications, and does not hold any other service permit or temporary service permit, notwithstanding temporary service permits issued for service permit renewal applications described in OAR 845-009-0100(5); and
      5. (E) Has not had a service permit application denied within three years of the date the Commission received the current application.
      6. (F) Has not had a service permit or temporary service permit revoked within three years of the date the Commission received the current application.
   2. (b) The Commission will notify the applicant in writing when a temporary service permit is issued.
   3. (c) A temporary service permit is valid until the date the applicant is issued or denied a service permit or until it expires pursuant to section (4) of this rule. If a temporary service permit was inadvertently issued to an applicant and OLCC later determines that the application was incomplete, the application will be deemed incomplete pursuant to OAR 845-009-0005(8), the applicant will be notified, and the temporary service permit will be deemed invalid.
   4. (d) Temporary service permits are subject to the same revocation criteria as service permits.
4. (4) A service permit or temporary service permit is valid for a period of five years from the date of issuance. If a temporary service permit is issued prior to issuance of the service permit, the five-year period includes the timeframe in which the temporary service permit is held.

Statutory/Other Authority

ORS 471.030, 471.040, 471.730 (1) & ORS 471.190

Statutes/Other Implemented

ORS 471.190, 471.360, 471.365 (2), 471.375, 2024 OL Ch. 40 Sec. 3, 2024 OL Ch. 40 Sec. 10, 2024 OL Ch. 40 Sec. 11 & 2024 OL Ch. 40 Sec. 12

History

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