Current through Register Vol. 63, No. 12, December 1, 2024
(1) A person
must obtain from the Commission a license or authority to sell alcoholic
beverages. ORS 471.405 establishes a
prohibition on sale of alcoholic beverages without a license or authority. ORS
471.406 defines sale of
alcoholic beverages. This rule sets the requirements for obtaining a Temporary
Sales License.
(2) Definitions. For
this rule:
(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 $50 per license day or for any part of a license day.
(d) "Nonprofit trade association" means an
organization comprised of individual or business members where the organization
represents the interests of the members and is registered with the state of
Oregon as a nonprofit association.
(e) "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.
(f) "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.
(g)
"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.
(3) ORS
471.190 authorizes the
Commission to issue a Temporary Sales License. Temporary Sales Licenses are
issued in increments of one license day. The Commission may issue a Temporary
Sales License only to applicants that qualify under the Commission's licensing
standards and that are:
(a) A nonprofit or
charitable organization that is registered with the state; or
(b) A political committee that has a current
statement of organization filed under ORS
260.039 or
260.042; or
(c) An agency of the State; or
(d) A local government or an agency or
department of a local government; or
(e) Any applicant not described in
(3)(a)-(3)(d) of this subsection, including eligible licensees of the
Commission.
(4) The
Commission will not approve more than thirty license days on a single
application submitted by an applicant identified in (3) (a), (c) or (d). The
Commission may limit approval of any application to a single license day or to
any number of license days fewer than thirty days.
(5) The Commission will not approve more than
seven license days on a single application submitted by an applicant identified
in (3) (b) or (e). The Commission may limit approval of any application to a
single license day or to any number of license days fewer than seven
days.
(6) A Temporary Sales License
may authorize the licensee to sell wine, malt beverages and cider at retail for
consumption on the licensed premises and for consumption off the licensed
premises. All wine, malt beverages and cider sold for consumption off the
licensed premises must be in either:
(a)
Factory-sealed containers; or
(b)
Securely covered containers provided by the consumer that do not hold more than
two gallons each.
(7) A
Temporary Sales License may authorize the licensee to sell distilled liquor by
the drink at retail for consumption on the licensed premises.
(8) Applicants must apply in writing for a
Temporary Sales 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 proceedings
under ORS 183.310 to
183.550.
(9) The application for a Temporary Sales
License under this rule shall include:
(a) A
written and dated plan. An application is not complete if this plan is not
approved by the Commission. To approve a plan, the Commission must determine
that the plan adequately manages:
(A) The
event to prevent problems and violations;
(B) Patronage by minors as set out in
subsection (10) of this rule; and
(C) Alcohol consumption by adults.
(b) Identification of the
individuals to be employed by the licensee to manage events on the licensed
premises;
(c) Identification of the
premises proposed to be licensed;
(d) Menu and proposal showing compliance with
the food service standards of OAR
845-006-0465;
(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;
(g) License fees as established by ORS
471.311.
(10) A plan for managing patronage by minors
under subsection (9) (a) of this rule must meet the following requirements:
(a) If the Temporary Sales 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
Temporary Sales 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.
(11) Minors are
prohibited from the 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
is 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.
(12) Minimum Age of Servers. Alcohol servers
at temporary sales licensed locations must be at least 21 years of age to sell
or serve alcoholic beverages, with the following exceptions:
(a) In areas of the licensed premises not
prohibited to minors, persons who are 18, 19, and 20 years of age may:
(A) Take orders for, serve and sell alcoholic
beverages for on-premises consumption if the activity is incidental to the
selling or serving of food in that area of the licensed premises, and may sell
alcoholic beverages in factory-sealed containers for off-premises consumption;
or
(B) Sell items, such as tokens
or scrip, to be redeemed for alcoholic beverages or food at the
event.
(b) In areas of
the licensed premises prohibited to minors, persons who are 18, 19, and 20
years of age may deliver food, restock non-alcohol supplies and perform other
non-alcohol related duties, however the person shall not remain in the
prohibited area longer than is necessary to perform these duties.
(13) Alcohol servers at locations
licensed under subsections (3)(b)-(e) of this rule must hold valid service
permits unless specifically exempted under authority of subsection (12) of this
rule.
(14) The Commission may waive
the service permit requirement for the holder of a Temporary Sales License
issued under subsections (3)(b)-(e) of this rule, and the licensee's alcohol
servers, if:
(a) The license is used only for
package sales; or if
(b) The
Commission concludes alcohol service by individuals who do not hold a service
permit does not pose a significant risk for public safety problems or
non-compliance with liquor laws; and
(c) Each alcoholic beverage point-of-sale at
the licensed location is staffed, at all times alcoholic beverages are being
sold or served, by an individual who has completed a Server Education course
successfully within 5 years prior to the date of the event.
(15) At events licensed under
subsection (3)(a) of this rule, before allowing alcohol servers to sell or
serve alcoholic beverages, the licensee must ensure that all alcohol servers
have met one of the following standards:
(a)
The alcohol server has a valid service permit or has successfully completed a
Server Education course within 5 years prior to the date of the event,
or
(b) The alcohol server has
attended training provided by the licensee, and has read, signed and dated the
Commission-provided brochure, What Every Volunteer Alcohol Server Needs to
Know. The licensee-provided training must address the topics included in the
brochure, including but not limited to: minors and proper checking of
identification, and how to recognize and respond appropriately to visibly
intoxicated persons. At any time while on duty, the alcohol server shall make
the signed brochure available for immediate inspection by any inspector or
investigator employed by the Commission or by any other peace
officer.
(16) If there
are compliance problems with an operator or an event, the Commission may add
other requirements for the education of servers at events licensed under this
rule.
(17) The Commission may deny,
cancel or restrict a Temporary Sales License for any reason for which the
Commission may deny, cancel or restrict a regular license.
(18) The Commission may deny or restrict a
Temporary Sales License if the applicant has a serious violation history at
events previously licensed with a Temporary Sales License within the past 36
months.
(19) The Commission may
refund the Temporary Sales License fee if the application is withdrawn by the
applicant or denied by the Commission, if the event does not take place because
of circumstances beyond the applicant's control, or if the Commission
determines the applicant does not need a license for the event proposed in the
application.
(20) When the
Commission approves a written plan under subsection (9)(a) of this rule, the
licensee must follow that written plan. Failure to follow that written plan is
a category III violation.
(21) 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.
(22) A Temporary Sales License may authorize
the licensee to deliver, or cause to be delivered, factory-sealed and
securely-covered containers of malt beverages, wine, or cider direct to a
resident of Oregon.
(a) Malt beverages, wine,
or cider may only be delivered on a licensed day.
(b) A temporary sales licensee must comply
with OAR 845-006-0392 for the delivery of
wine or cider and must comply with OAR
845-006-0396 for the delivery of
malt beverages.
(23) A
Temporary Sales License issued under subsections (3)(a)(c) or (d) of this rule
may have more than one address on a single license application as part of a
single licensed premises, provided that all addresses are located within the
same local government jurisdiction. The Commission may refuse to process an
application containing addresses for more than one local government
jurisdiction.
Statutory/Other Authority: ORS 471, ORS
471.030,
471.040,
471.190,
471.730(1) &
(5)
Statutes/Other Implemented: ORS
471.190,
471.360,
471.482, 2021 OL Ch. 180 &
2021 OL Ch. 115
