Current through Register Vol. 63, No. 9, September 1, 2024
Section 2, Chapter 3, Oregon Laws 2016 authorizes the
Commission to issue a Special Events Brewery (SEB) license to an Oregon Brewery
licensee. This rule sets the qualifications and requirements for a Special
Events Brewery license.
(1)
Definitions.
(a) "Bar" means a counter at
which the preparation, pouring, serving, sale, or consumption of alcoholic
beverages is the primary activity;
(b) "Food counter" means a counter in an area
in which minors are allowed and at which the primary activity at all times is
the preparation, serving, sale, or consumption of food;
(c) "License day" means from 7:00 am until
2:30 am on the succeeding calendar day. The license fee is $10.00 per license
day or any part of a license day.
(d) "Serious violation history" means:
(A) Two or more category III or IIIa
administrative violations of any type, or category IV violations involving
minors. However, if the circumstances of a violation include aggravation, one
violation may be sufficient; or
(B)
One category I, II, or IIa administrative violation; or
(C) Two or more crimes or offenses involving
liquor laws.
(e) "Social
game" means a game other than a lottery, if authorized by a local county or
city ordinance pursuant to ORS
167.121, between players in a
private business, private club, or place of public accommodation where no house
player, house bank, or house odds exist and there is no house income from the
operation of the social game.
(f)
"Video lottery game" means a video lottery game terminal authorized by the
Oregon State Lottery. Examples include but are not limited to video poker and
video slots. Keno monitors are not considered a video lottery
game.
(2) Only the holder
of a Brewery license issued under ORS
471.220 may qualify for a SEB
license. The SEB license is only for a location other than that designated as
the Brewery licensee's annually licensed premises and may allow the licensee
to:
(a) Sell wine, malt beverages and cider
at retail for consumption on or off the licensed premises;
(b) Sell, in securely covered containers
supplied by the consumer and having a capacity of not more than two gallons
each, wine, malt beverages, or cider for off-premises consumption.
(3) The Commission will not
approve more than five license days on a single application. The Commission may
limit approval of any application to a single license day or to any number of
license days fewer than five days.
(4) Applicants must apply in writing for an
SEB license, using the application form provided by the Commission. The
Commission may require additional forms, documents, or information as part of
the application. The Commission may refuse to process any application not
complete, not accompanied by the documents or disclosures required by the form
or the Commission, or that does not allow the Commission sufficient time to
investigate it. Sufficient time is typically one to three weeks prior to the
event date. The Commission may give applicants the opportunity to be heard if
the Commission refuses to process an application. A hearing under this
subsection is not subject to the requirements for contested case proceeding
under ORS 183.310 to
183.550.
(5) The application for a SEB license under
this rule shall include:
(a) A written,
dated, and signed plan the Commission determines adequately manages:
(A) The event to prevent problems and
violations;
(B) Patronage by minors
as set out in subsection (6) of this rule; and
(C) Alcohol consumption by adults.
NOTE: An application is not complete if this plan is not
approved by the Commission. The Commission may use subsection (4) of this rule
to refuse to process any application that is not complete;
(b) Identification of the
individuals to be employed by the licensee to manage events on the SEB licensed
premises;
(c) Identification of the
premises or area proposed to be licensed;
(d) Menu and proposal showing compliance with
the food service standards of OAR
845-006-0465(2)-(4);
(e) Statement of the type of event to be
licensed, type and extent of entertainment to be offered, expected patronage
overall and by minors, type of food service to be offered, proposed hours of
food service, and proposed hours of operation;
(f) The recommendation in writing of the
local governing body where the licensed premises will be located; and
(g) License fees as established by ORS
471.311.
(6) A plan for managing patronage by minors
under subsection (5)(a) of this rule must meet the following requirements:
(a) If the SEB license will be on any part of
a premises, room, or area with an annual license issued by the Commission, the
Commission must be convinced that the plan will follow the minor posting and
control plan, including any temporary relaxation of the minor posting, assigned
to that premises, room, or area under the annual license. The Commission must
also be convinced that the plan will prevent minors from gaining access to
alcoholic beverages and any portion of the licensed premises prohibited to
minors.
(b) If the SEB license will
not be on any part of a premises, room, or area with an annual license issued
by the Commission, the Commission must be convinced that the plan will prevent
minors from gaining access to alcoholic beverages and any portion of the
licensed premises the Commission prohibits to minors.
(7) Minors are prohibited from the SEB
licensed premises or portions of the licensed premises as follows:
(a) Minors may not sit or stand at a bar;
however, minors may sit or stand at a food counter;
(b) Minors may not be in an area where there
are video lottery games, social games, or nude entertainment or where such
activities are visible;
(c) Minors
may not be in an area where the licensee's approved written plan designates
that minors will be excluded.
(8) The Commission may deny, cancel or
restrict a SEB license for any reason for which the Commission may deny, cancel
or restrict a regular license.
(9)
The Commission may deny or restrict a SEB license if the applicant has a
serious violation history at events previously licensed with a special license
within the past 36 months.
(10) The
Commission may refund the SEB license fee if the application is withdrawn by
the applicant or denied by the Commission, or if the event does not take place
because of circumstances beyond the licensees control, or if the Commission
determines the applicant does not need a license for the event proposed in the
application.
(11) When the
Commission approves a written plan under subsection (5)(a) of this rule, the
licensee must follow that written plan. Failure to follow that written plan is
a Category III violation.
(12) If
the licensee fails to prevent minors from gaining access to alcoholic beverages
or fails to prevent minors from gaining access to any portion of the licensed
premises prohibited to minors, the Commission may immediately prohibit minors
from the licensed premises or portion(s) of the premises.
Statutory/Other Authority: ORS
471.040
Statutes/Other Implemented: Sec. 2, Ch, 3 & OL
2016
