OAR 845-006-0335
Age Verification; Minors on Licensed Premises

(1) Age Verification:
(a) ORS 471.130 (Requiring statement of age or identification from certain purchasers) 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 (Requiring statement of age or identification from certain purchasers) 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 are acceptable alone as proof of age:
(A) A driver license issued by a U.S. state or the District of Columbia;
(B) An identification card or driver license 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 U.S. state, the District of Columbia, or a territory of the U.S.;
(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 (Requiring statement of age or identification from certain purchasers) or 471.410 (Providing liquor to person under 21 or to intoxicated person)(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 (Requiring statement of age or identification from certain purchasers) 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 (Purchase or possession of alcoholic beverages by person under 21), 471.480 (Sale of liquor by certain employees 18 years of age or older), 471.482 (Sale or service of liquor by employees 18 years of age or older generally), OAR 845-006-0340 (Minor Postings) 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), 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.
(b) Licensees that allow minor entertainers to perform on the licensed premises where minors would normally be prohibited must maintain proof of the minor entertainer’s identification and age on the premises, and make this information available for Commission inspection upon request. Acceptable forms of identification 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, such as an area with a Number 3 minor posting, 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 must leave 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.
(A) To obtain approval, licensee must submit a plan, 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, no alcohol service or consumption is permitted in the approved designated area where minor entertainers have been approved to stay when not performing.
(C) The Commission may refuse to provide approval for minor entertainers to perform at a licensed premises in areas prohibited to minors if it has a reasonable belief that licensee’s proposed plan creates a compliance risk.
(D) If conditions become unsuitable, the Commission may revoke its approval.
(e) If the minor is under 18 years old, and the licensee proposes to employ that minor 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 and minor must make sure the minor has the written permission of the appropriate juvenile court judge as required by ORS 167.840 (Application of ORS 167.830 limited)(2).
(f) If the minor is under 18 years old, and the licensee proposes to employ that minor to perform or entertain on the licensed premises in a capacity other than described in (6)(e) of this rule, before allowing the minor to perform on the licensed premises the licensee must apply for and receive prior written permission from the Administrator of the Oregon Liquor Control Commission, or the Administrator’s designee. Application must be made upon a form supplied by the Commission. The Administrator or designee shall grant such permission only if:
(A) The parents or legal guardians of the minor have 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.
(d) 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.

Source: Rule 845-006-0335 — Age Verification; Minors on Licensed Premises, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=845-006-0335.

845–006–0301
“Applicant” and “Licensee” Defined 845–006–0302
“Family Member” Defined 845–006–0309
Requirements for Outdoor Areas Not Abutting a Licensed Building 845–006–0335
Age Verification 845–006–0340
Minor Postings 845–006–0345
Prohibited Conduct 845–006–0347
Noisy, Disorderly or Unlawful Activity and Drinking Alcohol Outside the Premises 845–006–0348
Unlawful Drug Activity on Licensed Premises 845–006–0349
Activities on College Campuses 845–006–0353
Distilled Spirits Samples and Promotions from a Distiller’s Representative 845–006–0360
Maintenance of License Certificate, Restriction Document, Authority to Operate, Minor Posting Sign 845–006–0362
Responsibility of Licensees for Conduct of Others 845–006–0365
Payment for Alcoholic Beverages 845–006–0370
Financial Assistance 845–006–0380
Certificate of Approval for Distilled Spirits 845–006–0390
Transportation by Licensed Retailer from Licensed Wholesaler Premises 845–006–0391
Delivery of Malt Beverage, Wine or Cider to Individuals — Definitions 845–006–0392
Requirements for Direct Delivery of Wine and Cider to a Resident of Oregon 845–006–0396
Requirements for Direct Delivery of Malt Beverages to a Resident of Oregon 845–006–0399
Sale of Mixed Drinks and Single Servings of Wine by Full On-Premises Sales Licensees for Off-Premises Consumption and Delivery 845–006–0400
Requirements for Wine Self-Distribution Permit for Wine and Cider 845–006–0401
Requirements for Oregon Retailers to Receive Wine or Cider from the Holder of a Wine Self-Distribution Permit 845–006–0410
Custom Order Agreements 845–006–0425
Hours of Sale 845–006–0426
Public Interest and Convenience Reasons for Cancellation or Suspension 845–006–0428
Exemptions for Certain Tour Boats 845–006–0430
Alcohol Management in Public Venues 845–006–0433
Minibars in Hotel Guest Rooms 845–006–0434
Minibars in Arena Suites 845–006–0435
Maintaining Records: Retail Licensees 845–006–0440
Deposits on Draft Malt Beverage and Wine Containers 845–006–0441
Sale of Malt Beverages in Kegs 845–006–0445
Nonbeverage Food Products Containing Alcoholic Beverages 845–006–0446
Promotional Events at a Retailer Licensed Premises Involving Suppliers 845–006–0450
Retail On-Premises Malt Beverage, Wine, or Cider Tastings Involving Suppliers 845–006–0452
Requirements for Distilled Liquor Tastings Provided by Oregon Distillery Licensee 845–006–0459
Definitions 845–006–0460
Food Service at Commercial Establishment with Full On-Premises Sales License 845–006–0461
Food Service Requirements for Nonprofit Private Clubs with a Full On-Premises Sales License 845–006–0462
Food Service Requirements for Off-Premises Events with a Full or Limited On-Premises Sales License 845–006–0463
Food Service Requirements for Public Passenger Carriers with a Full On-Premises Sales License 845–006–0464
Food Service Requirements for Other Public Locations with a Full On-Premises Sales License 845–006–0465
Food Service Requirements for Temporary Licenses Authorized Under ORS 471.190(4) 845–006–0466
General Food Service Requirements for Full On-Premises Sales Licenses 845–006–0469
Full On-Premises Sales License with Additional On-Premises Sales Privilege 845–006–0475
License Changes Requiring Notice/Prior Approval 845–006–0480
Changes in Premises or Operation: Notice Required 845–006–0481
Notification When Premises Closed: Time Limit for Operation 845–006–0482
Closure of Premises for Private Uses 845–006–0485
Public Passenger Carrier Notification of Additional Premises 845–006–0490
Requirements for a Full On-Premises Sales License for a Nonprofit Private Club 845–006–0495
Requirements for a Full On-Premises Sales License for a For-Profit Private Club 845–006–0497
Enforceable Compliance Plans 845–006–0498
Suspended Licenses: Posting of Suspension Notice Sign, Activities Allowed During Suspension 845–006–0500
Suspensions and Civil Penalties
Last Updated

Jun. 8, 2021

Rule 845-006-0335’s source at or​.us