Service permit or temporary service permit required; waiver; penalty; rules. (1) Any individual employed by or acting on behalf of or at the direction of a licensee of the Oregon Liquor and Cannabis Commission must have a valid service permit or temporary service permit issued by the commission if the individual

(a) Participates in any manner in the mixing, selling or service of alcoholic liquor for consumption on the premises where served or sold;

(b) Participates in the dispensing of malt beverages, wines or cider sold in securely covered containers provided by the consumer;

(c) Directly supervises an individual described in paragraph (a) or (b) of this subsection; or

(d) Subject to subsection (2) of this section, is a licensee who holds, or an applicant for, a license that authorizes the sale or service of alcoholic beverages for consumption on the licensed premises.

(2) The commission may waive the requirement to hold a valid service permit or temporary service permit for an individual described in subsection (1)(d) of this section if the individual designates another individual who:

(a) Holds a valid service permit or temporary service permit; and

(b) Exercises control or responsibility, or is entitled to exercise control or responsibility, over setting, implementing and changing the licensee’s practices for selling and serving alcoholic beverages at the licensed premises.

(3) A licensee of the commission may not allow an individual who does not hold a service permit or temporary service permit required of the individual under subsection (1) of this section to:

(a) Mix, sell or serve any alcoholic liquor for consumption on licensed premises;

(b) Dispense malt beverages, wines or cider sold in securely covered containers provided by the consumer; or

(c) Directly supervise an individual described in paragraph (a) or (b) of this subsection.

(4) A permittee shall make the service permit or temporary service permit available at any time while on duty for immediate inspection by any regulatory specialist or by any other peace officer.

(5) The commission may establish by rule a process and conditions under which the commission may waive the requirement to hold a service permit or temporary service permit under subsection (1) of this section.

(6) Violation of the requirements of this section is a Class B violation. [1979 c.788 §2; 2012 c.54 §2; 2013 c.32 §9; 2015 c.614 §161; 2019 c.44 §1; 2021 c.351 §90; 2024 c.40 §10]