Or. Admin. Code § 845-006-0335 - Age Verification, Minors on Licensed Premises
(1) Age Verification:
(a) ORS 471.130 requires a licensee or
permittee to verify the age of a person who wants to buy or be served alcoholic
beverages when there is "any reasonable doubt" that the person is at least 21
years old. The Commission requires a licensee or permittee to verify the age of
anyone who wants to drink alcoholic beverages, or is in an area prohibited to
minors, if there is reasonable doubt that the person is at least 21 years old.
"Reasonable doubt" exists if the person appears to be under the age of
26;
(b) Whenever a licensee or
permittee verifies age, he/she must verify it as ORS 471.130 requires
(statement of age card or the specified items of identification) and must
reject any obviously altered document or one which obviously does not identify
the person offering it;
(c)
Licensees must require all their employees who sell, serve, oversee or control
the sale or service of alcoholic beverages to verify age as subsection (a) of
this section requires.
(d) Only the
following forms of unexpired, unaltered, and legitimate identification that
have the person's name, picture, and date of birth are acceptable alone as
proof of age:
(A) A driver license issued by a
U.S. state, the District of Columbia, or a province or territory of
Canada;
(B) An identification card
that includes a physical description of the person and is issued by a U.S.
state, the District of Columbia, or a territory of the U.S., or a province or
territory of Canada;
(C) An
identification card that has a picture of the person, the name of the person,
the person's date of birth, and a physical description of the person and is
issued by a federally recognized Indian tribe;
(D) A passport or passport card
(E) A U.S. military identification card;
or
(F) An identification card that
is proof of the person's participation in the Secure Electronic Network for
Travelers Rapid Inspection (SENTRI) program operated by United States Customs
and Border Protection, the NEXUS program jointly operated by that agency and
the Canada Border Services Agency, or a successor to either of those programs
that is recognized by the Commission.
(2) Sanctions for Failure to Verify Age:
(a) The Commission will sanction a licensee
or permittee who does not verify the age of a person who appears to be under
the age of 26 only if the person:
(A) Actually
is a minor who buys, is served or drinks an alcoholic beverage at the licensed
premises (Category (IIb) violation); or
(B) Actually is a minor who is in an area of
the licensed premises prohibited to minors (Category IV violation).
(b) If the Commission sanctions a
licensee or permittee for one or more of the following violations under this
rule: Failure to verify the age of a minor; Allowing a minor to drink; or
Allowing a minor in an area prohibited to minors, the Commission will not
sanction the licensee or permittee separately under ORS 471.130 or 471.410(2)
for the same conduct. The Commission may charge a licensee or permittee for one
or more violations under this rule and also charge violation of one or more of
the statutes in the alternative.
(c) Failure to verify age as ORS 471.130 requires or to reject obviously altered or false identification is a Category
(IIb) violation.
(3)
Minors on Premises: General Prohibitions.
(a)
No licensee, permittee, or licensee's employee will permit a minor:
(A) To drink any alcoholic beverage on
licensed premises; or
(B) To be on
licensed premises or an area of the licensed premises prohibited to minors,
except as provided in ORS 471.430, 471.480, 471.482, OAR 845-006-0340 and this
rule.
(b) The assigned
minor posting(s) describes where on the premises minors are allowed or
prohibited. See OAR 845-006-0340, Minor Postings.
(4) Minor Employee and Minor Service
Permittee:
(a) A Number 1 minor posting. Minor
employees and minor service permittees are prohibited from the entire licensed
premises at all times.
(b) A Number
2 minor posting. Minor employees and minor service permittees may be in this
area of the premises only if they are performing work duties or going to or
returning from a rest room. The minor employee or minor service permittee may
not remain in the prohibited area longer than is necessary to perform the work
duties or go to or return from a rest room and while in the area may not check
identification, control conduct in the area, or mix, sell, or serve alcoholic
beverages or directly supervise any person who does mix, sell, or serve
alcoholic beverages.
(c) A Number
3A, 4, 6, and 7 minor posting during the times when minors are prohibited.
Minor employees and minor service permittees may be in areas of the premises
during the times prohibited to them only if they are performing work duties or
going to or returning from a rest room. The minor employee or minor service
permittee may not remain in the prohibited area longer than is necessary to
perform the work duties or go to or return from a rest room and while in the
area may not check identification, control conduct in the area, or mix, sell,
or serve alcoholic beverages or directly supervise any person who does mix,
sell, or serve alcoholic beverages.
(d) A Number 3A, 4, 6, and 7 minor posting in
the areas and during the times when minors are permitted. Minor employees and
minor service permittees are permitted in the areas and during the times when
minors are allowed. The primary duty of minor service permittees must be food
service.
(e) A Number 3 minor
posting. Minor employees and minor service permittees are allowed at all times
in the area. The primary duty of minor service permittees must be food
service.
(f) A Number 5 minor
posting. Minor employees and minor service permittees are allowed at all times
in the area.
(g) If a premises has
one or more areas where minors are prohibited and one or more areas where
minors are allowed, minor employees and minor service permittees may be in
areas of the premises prohibited to them during the times prohibited to them
only if they are performing work duties or going to or returning from a rest
room. The minor employee or minor service permittee may not remain in the
prohibited area longer than is necessary to perform the work duties or go to or
return from a rest room and while in the area may not check identification,
control conduct on the premises, or mix, sell, or serve alcoholic beverages or
directly supervise any person who does mix, sell, or serve alcoholic
beverages.
(5) Minor
Vendor or Contractor. A minor, other than a licensee's employee, who has a
legitimate business purpose, may be in the area of the licensed premises
normally prohibited to minors. (For example, a minor who is a plumber may
repair the plumbing in a prohibited area).
(6) Minor Entertainers:
(a) A minor entertainer may perform on a
licensed premises, including in areas that are prohibited to minors, provided
the requirements in this rule are followed. "Performing" means when a minor
entertainer is entertaining. Examples include dancing, playing a musical
instrument, and singing. Performing does not include when a minor entertainer
is not entertaining; such as, but not limited to, soliciting dances, selling
merchandise, and mingling with patrons or employees.
(b) Licensees allowing minor entertainers to
perform on the licensed premises where minors would normally be prohibited must
verify the minor's identification and age, maintain proof of the minor
entertainer's identification and age on the premises, and make this information
available for Commission inspection upon request. Licensees may accept only the
forms of identification that are set forth in Section 1(d) of this
rule.
(c) If the minor entertainer
stays on the premises when not performing, the minor entertainer must stay in
an area where minors are permitted under OAR 845-006-0340 or in an approved
designated area set forth in subsection (6)(d). If a minor entertainer is not
performing and is not in an area permitted to minors or in a
Commission-approved designated area on the licensed premises, then the minor
entertainer is prohibited from being on the licensed premises.
(d) In order for licensees to allow minor
entertainers in areas of the licensed premises that are prohibited to minors,
the licensee must first obtain approval from the Commission.
(A) To obtain approval, licensee must submit
a plan to the Commission, in a form and manner prescribed by the Commission,
showing all areas where minors will perform, and all areas designated for
minors when not performing.
(B)
When minor entertainers are on the premises as allowed under this subsection,
but are not performing and are in a Commission-approved designated area,
alcoholic beverages are prohibited in the Commission-approved designated
area.
(C) The Commission may refuse
to provide approval for minor entertainers to perform at a licensed premises in
areas prohibited to minors, and may revoke such approval, if the licensee fails
to follow the requirements of this rule or the Commission has a reasonable
belief that conditions exist which do or could cause or contribute to a serious
danger to the health and safety of minors. Examples of a serious danger to the
health and safety of minors include, but are not limited to, when the
Commission reasonably believes that the following activities are happening in
the premises or in the near vicinity of the premises: sex or labor trafficking,
unlawful drug activity, violence or the threat of violence, minors obtaining
access to alcoholic beverages, and minors unlawfully in an area prohibited to
minors. The Commission's refusal or revocation of approval under this rule is
not subject to the requirements of ORS Chapter 183.
(e) Before allowing a minor who is under 18
years old to conduct or assist in conducting any public dance, including but
not limited to dancing by the child as a public performance, or to assist in or
furnish music for public dancing, the licensee must first verify that the minor
has the written permission of the appropriate juvenile court judge as required
by ORS 167.840(2). Licensees must maintain this verification on the premises
and make it available for Commission inspection upon request.
(f) Before allowing a minor who is under 18
years old to perform or entertain on the licensed premises in a capacity other
than described in (6)(e) of this rule, the licensee must first receive prior
written permission from the Commission's Administrator the Administrator's
designee for each minor. The licensee must apply to the Commission on a form
and manner prescribed by the Commission. The Administrator or designee shall
grant such permission only if:
(A) A parent or
legal guardian of the minor has consented to the child's participation in such
activity; and
(B) The Administrator
or designee has found that participation in such activity will not be
inconsistent with the health, safety and morals of the minor.
(g) Minors under 14 years old must
also get a work permit if one is required by the Oregon Bureau of Labor and
Industries.
(7) Minor
Patron. If the licensee permits it, a minor may be in the immediate company of
his/her spouse or Domestic Partner who is at least 21 years old. "Domestic
Partner" means an individual who, along with another individual of the same
sex, has received a Certificate of Registered Domestic Partnership pursuant to
the Oregon Family Fairness Act. The minor must not buy, possess or drink
alcoholic beverages.
(8) Sanctions:
A violation of subsection (3)(a)(A) of this rule is a Category III violation. A
violation of subsection (3)(a)(B) through section (7) of this rule is a
Category IV violation.
Notes
Statutory/Other Authority: ORS 471.030, 471.040, 471.430, 471.482 & 471.730
Statutes/Other Implemented: 471.430, 471.482, ORS 471.130, 471.410, 471.480 & 471.482
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