2015 ORS 471.580¹
Education provider food or beverage career programs

(1) As used in this section:

(a) "Alcohol equivalence" means the amount of ethanol that would be expected to be present in a beverage based on the standard drink measurement used by the Centers for Disease Control and Prevention.

(b) "Education provider" means:

(A) A community college, as defined in ORS 341.005 (Definitions for chapter), offering a food or beverage career program approved by the Higher Education Coordinating Commission;

(B) A career school, as defined in ORS 345.010 (Definitions for ORS 345.010 to 345.450 and 345.992 to 345.997), offering a food or beverage career program approved by the Higher Education Coordinating Commission;

(C) A public university offering a food or beverage career program approved by the Higher Education Coordinating Commission or by the governing board of a public university listed in ORS 352.002 (Public universities); or

(D) A private and independent institution of higher education, as defined in ORS 350.635 (Definitions for ORS 350.630 to 350.655), offering a food or beverage career program that qualifies for payment under ORS 350.645 (Computation of payments under contracts).

(c) "Food or beverage career program" means a course of study designed to qualify a person for a career in the food service industry or alcoholic beverage industry, including but not limited to a course of study in culinary arts, viticulture, winemaking, enology, brewing or restaurant management.

(2) The charging or payment of tuition or a special fee for enrollment in a class that is part of a food or beverage career program or in a workshop or seminar concerning matters related to food or beverage industry workforce training, offered by an education provider, that includes the consumption of alcoholic beverages for educational purposes, is not a sale or purchase of, or other exchange of consideration for, alcoholic beverages.

(3) Notwithstanding ORS 471.130 (Requiring statement of age or identification from certain purchasers), 471.406 (Activities covered by prohibitions on sale of alcoholic beverages), 471.410 (Providing liquor to person under 21 or to intoxicated person) and 471.475 (Mixing, storing or serving of liquor without license), an education provider may serve alcoholic beverages to a person who is 18, 19 or 20 years of age and may allow the person to possess and consume alcoholic beverages on a licensed or unlicensed premises that the education provider uses for educational purposes if:

(a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

(b) The alcoholic beverages are served to, and possessed and consumed by, the person for educational purposes as part of the class curriculum or a workshop or seminar concerning food or beverage workforce training;

(c) The service, possession and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

(d) The person does not purchase the alcoholic beverages; and

(e) The amount served to the person for consumption purposes during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

(4) Notwithstanding 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), a person may serve alcoholic beverages to another person who is 18, 19 or 20 years of age on premises that an education provider uses for educational purposes if:

(a) The person served is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

(b) The alcoholic beverages are served to, and consumed by, the person for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

(c) The service and consumption of the alcoholic beverages are supervised by a faculty or staff member of the education provider who is 21 years of age or older;

(d) The person served does not purchase the alcoholic beverages; and

(e) The amount served to the person for consumption purposes during any two-hour class period does not exceed two ounces of alcohol equivalence.

(5) Notwithstanding 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) or the prohibitions in ORS 471.430 (Purchase or possession of alcoholic beverages by person under 21), a person who is 18, 19 or 20 years of age may possess and consume alcoholic beverages on a licensed or unlicensed premises that an education provider uses for educational purposes if:

(a) The person is enrolled as a student in a required or elective class that is part of a food or beverage career program offered by the education provider;

(b) The person possesses and consumes the alcoholic beverages for educational purposes as part of the class curriculum or, with the approval of the education provider, as part of a workshop or seminar concerning food or beverage workforce training;

(c) The person possesses and consumes the alcoholic beverages under the supervision of a faculty or staff member of the education provider who is 21 years of age or older;

(d) The person does not purchase the alcoholic beverages; and

(e) The amount consumed by the person during any two-hour class, workshop or seminar period does not exceed two ounces of alcohol equivalence.

(6) Notwithstanding ORS 471.410 (Providing liquor to person under 21 or to intoxicated person), a person who exercises control over private real property may allow a person who is 18, 19 or 20 years of age to remain on the property after the person who is 18, 19 or 20 years of age consumes an alcoholic beverage on the property in accordance with this section.

(7) Subsections (3) to (5) of this section do not affect the ability of an education provider, a licensee or a permittee to make alcoholic beverages available to a person 21 years of age or older in accordance with this chapter or the ability of a person 21 years of age or older to possess or consume alcoholic beverages in accordance with this chapter. [2011 c.378 §2; 2012 c.104 §44; 2013 c.1 §§73,74; 2013 c.747 §§166,167; 2013 c.768 §§144,145; 2015 c.767 §176]

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)


1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.