75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 404
 
                         House Bill 2251
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Oregon Liquor Control Commission)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Reduces restrictions on service permit applicants who may
obtain application indorsement from Oregon Liquor Control
Commission employee.
 
                        A BILL FOR AN ACT
Relating to service permit application indorsements; amending ORS
  471.375.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.375 is amended to read:
  471.375. (1) Any person who has not had a permit refused or
revoked or whose permit is not under suspension may mix, sell or
serve alcoholic beverages for consumption on licensed premises if
the person prepares in duplicate an application for a service
permit prior to mixing, selling or serving any alcoholic beverage
for consumption on licensed premises and the application is
indorsed as required under subsection (2) of this section. A copy
of the indorsed application must be kept on the licensed premises
by any licensee for whom the person mixes, sells or serves
alcoholic beverages and must be made available for immediate
inspection by any inspector or investigator employed by the
Oregon Liquor Control Commission or by any other peace officer
until the applicant receives the service permit.
  (2) An application for a service permit under subsection (1) of
this section must be indorsed by one of the following persons:
  (a) The licensee under whose license the applicant will mix,
sell or serve alcoholic beverages. If a licensee indorses an
application, the licensee must immediately transmit the
application to the commission with the fee required by subsection
  { - (4) - }   { + (3) + } of this section.
  (b) An officer or employee of a company that provides servers
to licensees on a temporary basis. The commission must give a
company written approval to indorse service permit applications
before an application may be indorsed under this paragraph.
  (c) An employee of the commission designated by the commission
to accept and indorse applications under this section.   { +  The
applicant must personally appear before the employee of the
commission and provide identification as may be required by
commission rule. + }
 
  (d) An employee of an alcohol server education course provider
that has been certified by the commission under ORS 471.542 (8).
The employee must be specifically designated by the provider to
indorse applications under this section.
    { - (3) An application for a service permit may be indorsed
by an employee of the commission under subsection (2)(c) of this
section only if: - }
    { - (a) The applicant is not employed by a licensee of the
commission; - }
    { - (b) The applicant completes the alcohol server education
course required by ORS 471.542 before making the application;
and - }
    { - (c) The applicant personally appears before the employee
of the commission and provides such identification as may be
required by commission rule. - }
    { - (4) - }  { +  (3) + } An applicant for a service permit
must be 18 years of age or over. Application for a service permit
shall be made on a form supplied by the commission. The applicant
shall truly answer all questions, provide any further information
required, and pay a fee not to exceed $10. The commission shall
either set the fee to cover only the administrative costs of the
service permit program, or apply any excess to the Alcohol
Education Program established under ORS 471.541.
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